Evidence against Faheem weak and doubtful: Lawyer tells HC
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Last Updated: Thursday, January 06, 2011, 21:44
  
Mumbai: Describing evidence against LeT suspect Faheem Ansari as "weak" and doubtful", his lawyer argued before the Bombay High Court that the prosecution had failed to prove his role in the 26/11 attacks because of which he had been acquitted by the trial court.

Faheem has been falsely implicated in the case by police who had "planted" a map of Mumbai targets purportedly drawn by him in the pocket of slain terrorist Abu Ismael's trouser, his lawyer R B Mokashi submitted.

The court is hearing an appeal filed by Maharashtra government against acquittal of Ansari and Sabauddin Ahmed in the 26/11 attacks case. The duo was charged with preparing maps of targets and passing them on to LeT, which in turn handed over to terrorists to carry out the strikes.

Mokashi said the map found from Ismael's trouser pocket was neatly folded and there were no marks of wrinkles.

Faheem's lawyer said if the map was found after 10 months in November 2008 then surely it should have been found crumpled and also should bear wrinkles. Also, there is much greater pressure in the thigh portion when such paper is kept in pocket of trousers, he argued.

Justices Ranjana Desai and R B More then decided to try themselves by placing two pieces of paper in the pocket of Ismael's trousers. They did this wearing gloves as the trousers are a piece of evidence.

Mokashi argued that the map was tightly fitted into the pocket of Ismael's trousers and there were no blood stains on the map. The prosecution's case is that blood was found on right hand side of his pocket and left hand side upper corner. How come the blood did not percolate into the pocket and soiled the map, he asked.

Mokashi further questioned how the prosecution had charged Faheem with IPC sections of forgery and cheating after they had recovered a forged Pakistani passport from him. If forged passport was procured in Pakistan then Faheem should not be charged with IPC sections as he had committed offence in that country and not India, he argued.

Mokashi said the prosecution had alleged that Faheem had travelled on the forged passport which bore his photograph in a fictituous name from Pakistan to Nepal. However, it had failed to explain how Faheem had reached Pakistan. Obviously, it could not be on the strength of this passport as this was procured in Pakistan, he argued.

On prosecution's case that Faheem obtained admission in a computer institute in fictitious name of Sahil Pawaskar, his lawyer said the form was "planted".

Arguments of Faheem's lawyer will continue tomorrow. The court has already heard submissions of prosecution and defence on appeal filed by Ajmal Kasab against the death sentence for his role in 26/11 attacks.

PTI


First Published: Thursday, January 06, 2011, 21:44


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