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- By a Parinda Crime Reporter, February 25, 2006, 11:52 IST
Mumbai: The Special court at Mazagaon on Friday handed out life imprisonment to nine accused in the controversial Best Bakery retrial case. Judge Abhay Thipsay has acquitted eight of the accused while four are absconding.
Prime witness who later turned hostile, Zahira Shaikh, faces perjury charges, the judge declared. Social activist Teesta Setalvad has been cleared of all charges levelled against her by Zahira.
Zahira's lawyer Atul Mistry declared that his client would challenge the judgement.
"The sentences of imprisonment for life shall run after the expiry of the concurrent sentences for imprisonment for terms," Thipsay told a packed courtroom. He will deliver his detailed judgement a month later.
The eight accused were acquitted on the ground that it was not clear who had assaulted whom as some witnesses had turned hostile.
The nine accused who have been convicted are: Rajubhai Baria, Pankaj Gosai, Jitu, Jagdish Rajput, Dinseh Rajbar , Shanabhai Baria, Shailesh Tadvi, Suresh Vasava, SanjayThakker.
The total amount of fine imposed on each convict is Rs.33,000. The order states that if fine is realised, an amount of Rs. 20,000 each should be paid to each of the injured witnesses (Taufel Ahmed Habibulla Siddiqui , Raees Khan, Shehzad Khan, Sailun Khan).
Again, out of the fine imposed on the other accused, if realised, an amount of Rs. 60,000 shall be paid to Sharjahan Kausarali Shaikh, wife of deceased, Kausarali, who was killed in the incident. From the remaining amount, Rs. 40,000 shall be paid to Aslambhai Haroonbhai Shaikh.
The Judge specifically observed that show cause notices would be issued to all five witnesses, including the main eyewitness, Zaheera Shaikh, and her family members for giving false evidence and would be prosecuted for perjury.
When the judgment was pronounced, the courtroom was full of celebrities. Mahesh Bhatt, Rahul Bose and Vijay Tendulkar, associated with the Citizens for Justice and Peace, were present. The judge first called the eight who were acquitted. He informed them that they had been declared not guilty and cleared of all the charges. Then, he summoned the nine to who he handed down the life sentence.
Manjula Rao, special public prosecutor, pleaded that the accused should be awarded 'appropriate' penalty, given the nature of their crime. But the judge told her that death penalty, did not apply in this case. Each convict was called separately in the witness box and asked by the judge if he wanted to say anything regarding the fine. The judge then told the accused that each of them had been given life imprisonment.
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