A big confession of Aftab Amin Poonawala, the main accused in the Shraddha Walkar murder case in Delhi, has come to the fore. Aftab has accepted his crime in Delhi’s Saket court. Aftab was presented in the court through video conferencing. The court also extended Aftab’s police remand for four days. Police has now started preparing for polygraph test before narco test. It is said that Aftab has given approval for this also.
After Aftab’s confession, the big question arises whether he is broken? After all, how easily did he confess his crime in front of the court? Can Aftab be punished by this confession, or is this also a part of Aftab’s conspiracy? Let’s know…
So did Aftab’s confession make the job of the police easier?
To understand this, we spoke to Srinarayan Mishra, senior advocate of Allahabad High Court. He said, ‘Aftab’s confession before the judge will be considered as a statement under 164. Even though he has confessed his crime in front of the court, it does not mean that he has been proved guilty. It is the job of the police to prove the guilty. Aftab may even turn his back on this statement later.
Srinarayan Mishra further referred to a judgment of the Madras High Court. He told that recently Justice S Vaidyanathan and Justice AD Jagadish Chandira of Madras High Court had not considered the statement recorded under 164 as genuine evidence. The court had said that such a statement can be used to confirm or refute an allegation, but it will not be considered as real evidence.
According to Mishra, even after this confession, the police will have to prove Aftab’s crime before the court. There should not be any doubt in this. If any kind of doubt remains in proving the crime, then only the accused gets its benefit.
So is this confession part of a conspiracy?
We asked the same question to advocate Srinarayan Mishra. He said, ‘Absolutely possible. Many a times the police feel that their work has become easier because of the confession of the accused in the testimony of 164. Now the court will easily find him guilty. Thinking this, instead of focusing on the facts, the police gets busy in filing the charge sheet quickly. Sometimes, the entire charge sheet is filed only on the basis of 164 statement. While concrete evidence is required to prove any crime.
Mishra further said, ‘May be in this case also Aftab is doing this under some conspiracy. This will weaken the police in their investigation and will file charge sheet in haste. Which can benefit him later.
Is it necessary to meet Shraddha’s head to prove the crime?
All the body parts of the body are not required to prove murder. Yes, if some body parts are found and it is known through DNA test that they belong to Shraddha, then the work of the police will become easier. For this it is not necessary that his severed head should also be found. Yes, if all parts of the body are found, then the police can put forward their theory more strongly in the court. Through this, the police will try to tell that wherever Shraddha’s body parts have been found, the location of Aftaaf’s mobile has also been found there.