Rubabuddin Shaikh, brother of deceased Sohrabuddin Shaikh, has filed an appeal against the judgment of the Special CBI Court dated December 21, 2018, acquitting all 22 accused in the case. Shaikh has sought quashing of the said judgment or in the alternative, directions for a re-trial. Previously, Rubabuddin had written to the Ministry of Home Affairs, Director, CBI and the Cabinet Secretary requesting them to file an appeal against the judgment of Special CBI judge SJ Sharma.
The appeal states that the appellant is a victim in terms of Section 2(wa) of the Code of Criminal Procedure, 1973 as he is the person who has suffered the loss of his brother and sister-in-law and is, therefore, is entitled to file an appeal. Further, the appeal states that the judgment of acquittal was wholly and completely contradictory to the evidence at hand.
A total of 210 witnesses were examined in the case, out of which 92 turned hostile. Amongst many other questions raised in the appeal with regard to the judgment, the appellant questions the fact that no effort as made by the prosecution to summon magistrates before whom the 'hostile witnesses" had deposed earlier.
The entire trial has been conducted in a manner to defeat the ends of justice, appeal states. It is argued in the appeal that the manner in which the trial was conducted, it makes a compelling case for a re-trial. Thus, the appeal seeks quashing and setting aside of the judgment pronounced by the Spl CBI Court or directions to the Sessions Court to conduct a re-trial under S.386(a) of CrPC, 1973.