**CBI Accepts Acquittal of All Accused in 2005 Fake Encounter Case of Sohrabuddin Shaikh**
*Mumbai:* The Central Bureau of Investigation (CBI) informed the Bombay High Court on Wednesday that it has accepted the verdict delivered by the special CBI court, Mumbai, which acquitted all 22 accused in the 2005 alleged fake encounter case involving gangster Sohrabuddin Shaikh and his aide Tulsiram Prajapati. The agency confirmed it will not challenge the acquittal before the high court.
**Acquittal Details**
In December 2018, the special court acquitted all 22 accused, observing that the prosecution had failed to establish a compelling case indicating any conspiracy to kill Sohrabuddin, Tulsiram, and others. The court also noted that there was no evidence to prove the accused persons’ involvement in the alleged encounter.
**Appeal by Family**
Following the acquittal, Sohrabuddin’s brothers, Rubabuddin and Nayabuddin Shaikh, filed an appeal in April 2019 before the Bombay High Court, challenging the special court’s judgment.
**Background of the Case**
Sohrabuddin Shaikh, alleged to be a gangster, was killed in November 2005 in an encounter near Ahmedabad by Gujarat police. His wife, Kausar Bi, was also allegedly killed during the incident. In December 2006, Tulsiram Prajapati, considered a key eyewitness, was killed in another alleged encounter.
Subsequently, the Supreme Court transferred the investigation to the CBI and ordered the trial to be conducted in a special CBI court in Mumbai.
**High Court Hearing**
On Wednesday, a bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad heard the appeal. Additional Solicitor General Anil Singh, representing the CBI, stated that the agency would not file any appeal against the special court’s judgment.
“We (CBI) have accepted the acquittal judgment,” Singh informed the bench.
**Claims by the Family**
The appeal lodged by Sohrabuddin’s brothers contended that the trial was flawed. They cited instances where witnesses later claimed that their testimonies were not accurately recorded during the trial.
“The witnesses have claimed their testimonies were not recorded as stated by them during the trial,” the family’s advocate argued. The appeal seeks to quash the acquittal and requests a retrial in the case.
The High Court asked the advocate to submit a detailed chart of witnesses whose statements were allegedly inaccurately recorded.
The matter has been listed for further hearing on October 15.
**Special Court Observations**
On December 21, 2018, the special court acquitted all accused, citing insufficient evidence and failure of the prosecution to prove the case beyond reasonable doubt. The court noted that the CBI failed to establish any connection between the accused officers and local politicians, some of whom were also named in the case.
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https://www.freepressjournal.in/mumbai/sohrabuddin-encounter-case-cbi-accepts-special-court-acquittal-of-22-accused-hc-appeal-scheduled-for-october-15