Shraddha murder: Advocate says fixing liability on Aftab will be hard

The absence of an eyewitness in the Mehrauli murder case may make it difficult for Delhi Police to frame a strong case against 28-year-old Aftab Poonawalla, according to advocate Wills Mathews.

Poonawalla is accused of murdering his live-in partner Shraddha Walker and dismembering her body. Fixing the liability or responsibility on the accused will be a big task for the police, Mathews explained.

A Delhi court on Thursday extended Poonawalla’s police custody by five days and allowed a narco-analysis test to be conducted on him.

On Poonawalla’s confession

Commenting on Poonawalla’s confession so far, the senior advocate pointed out that under the Evidence Act, a confession made to a police officer is not admissible as evidence against an accused in a court of law. Therefore, the police need to focus on circumstantial evidence.

The police must carry out a scientific and time-bound investigation, he added. The police are under a lot of pressure in such cases, in which the collective conscience of a nation is at stake, Mathews observed.

Watch: Shraddha murder: Aftab’s behaviour was normal, says neighbour

Is the prosecution case strong enough?

Answering a question on whether the prosecution’s case was strong enough to result in a conviction, the ace lawyer said, “It is very difficult to say at this stage, as only the prosecution’s version is out in the public domain. The version of the defence is equally important, as the court will hear both sides in a rationale manner. The defence may come up with a new angle. So, we need to watch the trial very closely. However, the onus will be on the prosecution to prove the accused guilty beyond any reasonable doubt.”

Usefulness of narco test

Mathews said a narco test by itself is nothing significant because, again, the answers given at that time are not solely admissible in court. But, the test may certainly help as “corroborative” evidence and stand independently if the answers lead the police to a vital piece of evidence, thereby strengthening the case.

According to a 2010 Supreme Court judgment, the accused’s consent is also needed to conduct such a test.

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On police custody, chargesheet, and bail

Mathews mentioned that there was no set timeframe for police custody. The duration differs from case to case and depends on how long the police need to conclusively complete the investigation.

The maximum period for police custody is 15 days. There is a rule to conclude the investigation and file a charge sheet within a stipulated period of 60 or 90 days in a court of competent jurisdiction. But, an extension can also be granted.

Getting bail in a “rarest of rare case” is remote, he said. The Mehrauli murder case certainly falls in that category. Going a step further, Mathews said, “By purely looking at the nature of the crime, there is a high likelihood of a death sentence in this case, but again, it all boils down to the trial.”

Also read: Must have walked past Shraddha’s body parts several times: Chhatarpur Pahadi resident

Poonawalla was produced in Saket Court through video conference at 4 pm on Thursday. Delhi Police had filed an application to the court, requesting to produce the accused virtually due to his security concerns.