One of the three persons acquitted by the Sessions Court in the murder case of rationalist Narendra Dabholkar has opposed an appeal filed by his daughter, Mukta Dabholkar, challenging the acquittal, contending that the same has been filed belatedly.
On May 10, 2024, the Sessions Court convicted Sachin Andure and Sharad Kalaskar for Dabholkar’s murder, sentencing them to life in prison. However, they were acquitted of charges under the Unlawful Activities (Prevention) Act (UAPA) and the Arms Act. The court also acquitted Virendra Singh Tawde, Sanjiv Punalekar, and Vikram Bhave, citing insufficient evidence.
Mukta Dabholkar filed an appeal before the Bombay High Court, challenging the acquittals and the exclusion of UAPA charges. Her plea claimed the murder was part of a larger conspiracy by right-wing group members, including Sanatan Sanstha. It alleged the Sessions Court failed to appreciate evidence showing the accused were involved in the conspiracy to silence Dabholkar for opposing such organizations. Even the three acquitted accused are associated with the outfit too, the plea contended.
Advocate Sanjiv Punalekar, one of the acquitted, contended that the appeal was filed beyond the permissible period under the National Investigation Agency (NIA) Act, which allows appeals within 30 days. He further argued that no application seeking condonation of delay was filed, and the appeal lacked a Certified copy of the judgment, as required by law.
Mukta’s Advocate, Kabeer Pansare, countered that under Section 372 of the Code of Criminal Procedure (CrPC), victims or their families can appeal against acquittals without a specific limitation period. “Under this provision, there is no limitation period in filing the appeal,” Kabeer said.
On August 21, 2024, the HC issued notices to the respondents and the Central Bureau of Investigation (CBI).
The HC has kept Punalekar’s application for hearing on February 26.
