Mumbai, Jul 21 A special court here on Tuesday permitted the CBI to examine an additional witness, an aide of the late general manager of a hotel in Worli, in the Sheena Bora murder case trial involving her mother Indrani Mukerjea and others.
Special Judge J P Darekar ruled that the evidence of the proposed witness "goes to the root of the case and it is indispensable".
The CBI had originally mentioned Vernon Fernandes, the General Manager of Hotel Hill Top in Worli, as a key prosecution witness.
According to the prosecution, Fernandes had handed over documents concerning the stay of the murder case accused Sanjeev Khanna at the hotel on April 24 and 25, 2012, which coincide with the dates of the crime.
However, Fernandes passed away before he could be examined during the trial and his death certificate was submitted to the court on December 14, 2022.
Thus, to authenticate the hotel documents, the prosecution requested the court to bring in a replacement witness, Narayan Pathak, who worked alongside the late Fernandes at the hotel.
The CBI submitted that Pathak is acquainted with Fernandes's handwriting and is competent to identify his signatures on the relevant documents.
The prosecution clarified that it was not intending to introduce any fresh documentary evidence through this witness.
The necessity of examining the proposed witness has arisen solely on account of the subsequent demise of Vernon Fernandes, which was beyond the control of the prosecution, the CBI said.
The defence opposed the prosecution's plea, citing that it was filed after an "unexplained and inordinate delay" of approximately 3 years and 7 months following the report of Fernandes's death.
They contended that the proposed witness, Narayan Prasad Pathak, was never cited in any charge-sheet, nor was his statement recorded under the CrPC provision.
The court noted that the documents are "necessary for just decision of the case".
The court asserted that "no prejudice will be caused to the defence as they will get an additional chance to cross-examine the witness".
"Considering all these facts and circumstances, judicial precedents and legal provisions, the application deserves to be allowed," the special CBI judge ruled.
Mukerjea was arrested in August 2015 after the murder of Bora came to light. In May 2022, she was granted bail by the Supreme Court.
Bora (24) was strangled to death in a car allegedly by Mukerjea, her then driver Shyamvar Rai, and former husband Sanjeev Khanna in April 2012 in Mumbai.
Her body was found burnt in a forest in the neighbouring Raigad district, according to the prosecution.
Bora was Mukerjea's daughter from a previous relationship.
The killing came to light in 2015 when Rai purportedly referred to the crime during interrogation by police after his arrest in a separate case registered under the Arms Act.
Mukerjea's ex-husband Peter Mukerjea, a former media baron, was also arrested for allegedly being a part of the conspiracy linked to the murder, probed by the CBI.
