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Synopsis

A Delhi Court on Friday heard submissions on ‘point of charge’ against accused Aaftab Amin Poonawala in connection with the murder of his live-in partner Shraddha Walkar.

During the hearing, Special Public Prosecutor (SPP) Amit Prasad appeared for the State. Advocate Seema Samridhi Kushwaha appeared for the complainant (Shraddha’s father), and Advocate Akshay Bhandari appeared for Poonwala. Aaftab Amin Poonawala was produced physically by the Delhi police before the court.

The counsel for Aaftab Adv Bhandari informed the court that he is being beaten up by inmates in jail, especially while being produced in the court. He also informed the court that Aaftab complained of bleeding gums.

Noting that Aaftab is being manhandled by other inmates, Additional Sessions Judge (ASJ) Manisha Khurana Kakkar of Saket District Court, directed the Lock-up incharge, Saket Court as well as Jail Superintendent to ensure that the accused is produced safely during court productions.

Moreover, Adv Bhandari submitted that the charges of murder (Section 302) and disappearance of evidence (Section 201) can’t be framed together. He argued that both charges cannot be pressed together and can only be pressed separately. Bhandari argued that Aaftab can either be charged with murder or for disappearing the evidence.

He argued that the Aaftab can be charged with the offence of murder or he can be framed for the offence of shielding the main offender under Section 201 of the Indian Penal Code (IPC). Bhandari also argued, “Merely saying I am guilty of murder is not sufficient. They have to show the manner in which the crime was committed”.

On the contrary, SPP Prasad rebutted that the joint charge can be framed under Section 201 for disappearing the evidence. Prasad said he is relying on certain judgments and would share a copy of those judgments. He also submitted that the chain of evidence,  statement of witnesses, record of past events and circumstances of living together, her disappearance, forensic evidence regarding the recovery of bones, jaw, head, hair etc, manner of offence, everything had been submitted before the court.

The court listed the matter for final submissions ‘on point of charge’ against Aaftab on April 3 at 2 pm.

Notably, on March 25, the ASJ had noted that the accused had appointed a new advocate in place of legal aid counsel (LAC) provided by the court earlier. It had noted that Aaftab engaged private counsel Advocate Akshay Bhandari.

The court had then provided a “last opportunity” to the newly appointed advocate of Aaftab Poonawala on the ground that he had been engaged recently with the matter and had made it very clear that “no further opportunity” will be provided for making arguments.

“Ld counsel for accused again seeks adjournment to address arguments on charge on the ground that he has been engaged recently. Last opportunity is being given for the same. It is made clear that no further opportunity shall be granted”, the court had ordered.

Background:

Aftab Poonawala was arrested on November 12, after Shraddha’s father filed a complaint against him. Shraddha and Aftab were living as live-in partners in Mehrauli, Delhi. According to sources, Aftab had killed Shraddha six months before his arrest. It is alleged that Aftab chopped Shraddha’s body into 35 parts and drew it in different places in Delhi.

Case Title: State v. Aaftab Amin Poonawala

Statue: The Indian Penal Code