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Earlier Convicted now Acquitted - Lack of Conclusive Evidence
Bombay High Court bench of Justice B P Dharmadhikari and Justice Swapna Joshi acquitted one Imtiaz Shaikh and Azad Anzari in an appeal against a year old judgment that convicted the two awarded death to the former, and life imprisonment against the latter (for allegedly being involved in the conspiracy). The were convicted in a case alleginge kidnap and murder of a 12 year old boy in 2012. Two other accused in the case, Israr Shaikh and A Ahmed were acquitted by the trial court citing lack of sufficient evidence.
The prosecution alleged that the boy was kidnapped and murdered on May 27, 2012. The accused, Imtiaz Shaikh and Azad Ansari wereearlier employed in Rajesh's business in Dharavi. Considering that Imitiaz was fired then for unsatisfactory work, it was the prosecution's case that the kidnap and murder planned was in fact an act of revenge.
The police produced the mobile phones that were used by Imtiaz Shaikh, Azad Anzari, Israr Shaikh and A Ahmed along with the SIM cards that were earlier recovered from the possession of Imtiaz Shaikh. The call records proved that the accused were in fact in touch around the time of commission of the crime.
However, the Bombay High Court held that the International Mobile Equipment Identity (IMEI) and call records that were produced cannot be considered as conclusive proof of the involment of the accused persons as it no where established the conversation between them.
