New Delhi [India], April 3 : Delhi's Saket court on Monday adjourned the hearing on arguments on charges against accused Aftab Poonawala in the Shraddha Walkar murder case in view of the lawyers' strike in lower courts. Aftab was produced physically. The next date for the hearing is April 6.
Additional Sessions Judge (ASJ) Msha Khurana Kakkar after noting that the counsel for the accused sought adjourned in view of the lawyers' strike in the District court of Delhi.
Lawyers remained absent from work in protest of the alleged murder of advocate Virender Narwal in the Dwarka area.
On Shraddha Walkar murder case, the court took on record the copy of the judgement filed by the Special Public Prosecutor (SPP) Amit Prasad and Madhukar Pandey and supplied copy to the defence counsel. The court granted liberty to the counsel of the accused to file a copy of any judgement, if he wished to file.
SPP Amit Prasad submitted that there is a clear judgement that the charge under section 201 of IPC can be framed against the person who destroys the evidence to shield the main offender as well against the person who committed the main offence.
The court also took note of the reply filed by the lockup incharge. He stated that the accused is being kept separate in the lockup and during transport to the court.
On the last date, the counsel for accused Aftab had argued that the charges of murder and disappearance of evidence can't be framed together. These charges can be framed alternatively. Delhi police opposed the contention and sought time to place Judgements.
Advocate Akshay Bhandari had argued that either I (Aftab) can be charged for murder or for disappearing the evidence. The accused can not be charged for murder and disappearance of evidence under sections 302 and 201 of IPC together, the counsel argued. It can be framed alternatively.
He argued that the accused can be charged with the offence of murder under 302 IPC or he can be framed for the offence of shielding the main offender under section 201 IPC.
Advocate Bhandari argued Mere saying that I (Aftab) am guilty of murder is not sufficient. They have statements of eyewitnesses only. The Prosecution has to show the manner in which the crime was committed.
SPP Amit Prasad rebutted that the joint charges can be framed under section 201 for disappearing the evidence.
He also submitted that the relied upon a chain of evidence, statement of witnesses, record of past events and circumstances, forensic evidence, manner of offence etc were submitted before the court.
The counsel for accused Aftab Poonawala after speaking with him had submitted that the accused had been ill-treated by other jail inmates. He has a gums bleeding problem.
The court had issued directions to the lock up incharge and jail superintendent for ensuring the safety and security of the accused.
This matter is related to the alleged murder of Shraddha Walkar by his live-in partner Aftab Amin Poonawala on May 18, 2022.
Delhi police have concluded its arguements on the charge of murder and disappearance of evidence against the accused.
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