Mumbai: As a relief to Indrani Mukerjea, her husband Peter and former husband Sanjeev Khanna, a special CBI court on Monday allowed their application and deferred cross-examination of a police officer in the April 2012 Sheena Bora murder case till testimony of accused-turned approver Shyamwar Rai is recorded in the court.
Defence lawyers Shrikant Shivde, Gunjan Mangala, Shreyansh Mithare and Ayaz Khan representing the trio had contended before special judge J C Jagdale that if the defence cross-examines first prosecution witness police sub-inspector Ganesh Dalvi, then it would prejudice the defence because by doing so either they would be required to open their defence or they would be required to avoid cross-examining the witness.
The defence had further argued that though there is provision in law to recall a witness, in this case the court would have discretion to disallow defence’s application to recall the witness. They said that in the interest of justice and for a fair trial, defence application should be allowed.
Special public prosecutor Bharat Badami and Kavita Patil had contended before the court that the application has been made to delay the trail and no prejudice would be caused to defence. They argued that the witness has testified on the limited point that after gathering evidence he was of the opinion that Sheena was murdered and hence he registered the FIR and even if defence feels like recalling Dalvi they can make application to the court.
Advocate Ayaz Khan argued that if the suggestion of prosecution is adopted and witnessed had to be recalled at other stages for different points, then it would cause further delay and to save judicial time the court should defer cross-examination of this witness till Rai is examined.
Now the prosecution would call another witness on next date of hearing i.e. July 28.
