The special Central Bureau of Investigation (CBI) court on Thursday asked Indrani Mukerjea to not step into the prosecution’s shoes and to not to divert the trial against Peter Mukerjea, while rejecting her application to access Peter’s call data records (CDR). The court also mentioned that she is trying to point fingers towards other accused.Indrani had filed an application before the court seeking for the CDR of Peter alleging that Peter and her driver, Syamwar Rai, an accused turned approver in the case, were allegedly involved in disappearance of her daughter Sheena Bora.The court presided by judge J C Jagdale is conducting the trial in the Sheena Bora murder case. According to the prosecution’s case, Indrani, her ex-husband Sanjeev Khanna and her driver Syamwar Rai allegedly killed Sheena on April 24,2015 and later disposed off her body. The police later arrested Peter Mukerjea for his involvement.It is learnt that the court has relied on the Bombay High court’s citation where the High court in a similar application, had held,that when a statement of accused does not amount to confession that is when it is wholly or partly exculpatory, it cannot be used against co-accused. For making use of it against the co-accused statement of accused must amount to a distinct confession of his own guilt. Self exculpatory statement of accused cannot be used to infer guilt of co-accused.Also, the court mentioned that it is nowhere that Indrani is claiming her involvement or complicity in commission of offence and hence her statement cannot be called as exculpatory statement, but she is trying to point finger to co-accused.The court has also made a mention of the fact that Indrani’s lawyer had accepted that the allegations mentioned in the application was outburst of emotions, and thus refused to accept the application as the judicial decisions cannot be taken on the basis of emotional outburst of the party.
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