The Uttar Pradesh government has reportedly moved the trial court to withdraw the Mohammad Akhlaq lynching case, citing arguments it had earlier opposed when the accused were granted bail, court records show.
In an application filed before the trial court under Section 321 of the Code of Criminal Procedure (CrPC), the prosecution has pointed to alleged inconsistencies and contradictions in the statements of key eyewitnesses, as per an Indian Express report.
To be noted here, this was the central plank of the defence in 2017, when two accused, Punit and Arun, were granted bail by the Allahabad High Court.
While allowing their bail in April 2017, the High Court had noted the defence contention that Akhlaq’s wife Ikraman and daughter Shaistha had not named Punit or Arun in their initial statements recorded under Section 161 CrPC in September and October 2015. The court had also recorded that Shaistha named the accused only later in her statement under Section 164 CrPC, observing that, without commenting on the merits, the case was fit for bail.
The state had “vehemently” opposed the bail pleas at the time.
Akhlaq was lynched on September 28, 2015, after being dragged out of his home in Bisada village in Gautam Buddh Nagar district over rumours of cow slaughter.
Police had later chargesheeted 19 accused, including Vishal Rana, son of a local BJP leader, and his cousin Shivam, alleging they led the mob and assaulted Akhlaq and his family. The accused face charges of murder, rioting and criminal intimidation.
However, in its October 15 plea seeking withdrawal of the case, the prosecution has reiterated the defence’s earlier claims, stating that eyewitnesses Ikraman, Akhlaq’s mother Askari (since deceased), daughter Shaistha and Danish gave differing accounts regarding the number and identity of the accused.
According to the plea, early statements referred to 10 accused, while subsequent statements added more names, which the state argues weakens the prosecution’s case.
In addition, the application highlights that both the witnesses and the accused are residents of Bisada village, yet the number of accused named by the witnesses changed across statements.
Following the grant of bail to Punit and Arun in 2017, all other accused had approached the Allahabad High Court seeking bail on grounds of parity and were released. Court records show that although the state opposed these pleas as well, it conceded on the issue of parity, states the Indian Express report.
The trial court is scheduled to hear the prosecution’s plea for withdrawal on Tuesday.
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