Mumbai: In a new turn, the prosecution in the model-turned-actress Jiah Khan suicide case on Thursday sought to invoke murder charge against Bollywood actor Sooraj Pancholi accused of abetting her death.
The prosecution also demanded that the trial be conducted against Pancholi adding the murder charge. "Rabiya (Jiah's mother) is the informant and she says it's the case of section 302 of IPC (murder). She was the first one who saw the body hence Sooraj should be charged for murder," Public Prosecutor Kalpana Hire told the special women's court conducting the trial in the case.
However, the trial court would decide on the murder charge at the time of framing charges against the accused, legal sources said.
Ms Hire told the court that it should frame charges of rape and causing miscarriage without woman's (Jiah) consent against Pancholi. Special Judge A S Shende will continue to hear the arguments on framing of charges on May 20.
Responding to Ms Hire's arguments, Sooraj Pancholi's lawyer Prashant Patil told the court that there is no evidence for framing the charges of murder against Pancholi. Mr Patil said even there was no evidence against Pancholi to charge him for abetment.
He said the abortion of Ms Khan was a medical termination as there was no evidence to suggest that she went to doctors. Earlier in the day, CBI's lawyer Bharat Badami moved the application saying that advocate Dinesh Tiwari (state- appointed prosecutor) cannot represent in the case but the CBI prosecutor should appear in the case.
However, the court rejected CBI's prayer saying it has already allowed Mr Tiwari to conduct the trial. Meanwhile, Rabiya's lawyer Swapnil Ambure said he has grievance with CBI opening the case. But when the court asked Mr Ambure to open the case, he sought time even as CBI said it wanted more time to argue.