Kanhaiyalal's throat was slit in public but NIA could not stop Javed's bail, what is the excuse that the investigating agency missed

What is the purpose of investigation in a criminal case?

Supreme Court advocate and legal expert Anil Kumar Singh Srinet says that whenever a crime occurs, the first thing that happens is an investigation. It has two purposes. First, who committed the crime and second, to collect evidence related to that crime. The investigation, facts and evidence related to both of these can be presented in the court along with the charge sheet.
Udaipur's Kanhaiyalal Sahu murder case accused gets bail, NIA could not present concrete evidence, read latest update

What are the rules and what is in the charge sheet

According to Advocate Anil Kumar Singh Srinet, generally the police can arrest someone only on the basis of suspicion in a case. The police has the right to first conduct a preliminary investigation against someone if he is suspected of a crime. It can arrest only after getting sufficient evidence. The charge sheet is a bundle of evidence and facts.

What does the court look at in a charge sheet while initiating a trial?

According to Anil Singh, due to media and social media pressure or some other reason, the suspect is first arrested. Now the second task is to collect evidence, which is not found in sufficient quantity during the investigation. It is the court's job to check how much evidence is sufficient to run the case. Now the court gets the witnesses examined in this case, if they are found correct, only then the trial will begin.

What argument did the NIA use in counter attack in court?

During the debate on the bail plea in the court, the NIA lawyer said that the accused involved in the Kanhaiyalal murder case know each other. They conspired together. Call details confirm this. A witness in the case, Zeeshan, also says that Riyaz and Javed met at the Indiana Tea Stall before the incident. At the same time, Javed's lawyer said that according to the NIA, Javed planned the murder at the tea stall, while the owner of the tea shop did not confirm Javed's presence there that day. The CCTV camera footage proves that Javed did not go to Kanhaiyalal's shop. This is where the NIA failed.

What is the principle of plea alibi, on the basis of which Javed was acquitted

The doctrine of alibi is a judicial measure of defence, under which an accused i.e. the defendant proves or tries to prove that he was at another place at the time of the alleged crime. The word alibi comes from the Latin language, which means presence at another place. According to The Criminal Law Deskbook of Criminal Procedure, alibi is different from all other types of excuses or reasons. It is based on the fact that the defendant is actually innocent. Not providing relevant facts for the defence can adversely affect legal action. Also, a fine may have to be paid for giving a false excuse or reason. Taking advantage of this, Javed was released.

Alibi is recognized under section 11 of the law

The plea of ​​alibi is a defence that an accused can use to prove his innocence in a criminal case. This appeal is recognised under sections 11 and 103 of the Indian Evidence Act, 1872.

What has happened so far in the Kanhaiyalal murder case, how many are in jail and how many are released, read everything related to the NIA investigation

Though valid under section 11, these conditions are necessary

Section 103 of the Indian Evidence Act states that if a person wants the court to believe the existence of a fact, the burden of proving such fact is on him. In an alibi appeal, the accused wants the court to believe the fact that he was somewhere else than at the scene of the crime. In such a case, under Section 103, the burden is on the accused to prove that he was somewhere else at the time of the crime.
However, this appeal will be valid only if the following conditions are fulfilled-

• The accused must not be present at the scene of crime when the crime was committed.
• The accused might have been at some other place, making his presence at the scene of crime not possible.
• The accused should make this appeal as early as possible in the legal proceedings.
• The accused must make this appeal with evidence and witnesses in his favor such as photos, GPS, videos or friends and family members.
• The accused has to prove his plea beyond reasonable doubt.

Alibi appeals can be shields, not swords

In May 2024, the Kerala High Court held that the alibi plea taken by the accused can be considered as a defence only if the prosecution satisfactorily proves its case. It said that once the prosecution establishes the presence of the accused at the scene of crime, it is only then that the defence has to produce positive evidence to show that he was not present at the scene or was somewhere else. Justice Sophie Thomas said that the alibi plea can be used as a shield, not a sword.

100 criminals may be let free, but not even a single innocent should be punished

Actually, this alibi theory is born from the theory that says that even if 100 criminals are released, no innocent should be punished. Blackstone Ratio Theory is applicable in any criminal law. Actually, William Blackstone, a judge and jurist of England, gave this theory that even if 10 guilty are released, even 1 innocent should not be punished. After some time, Benjamin Franklin, one of the founders of America, gave this theory that even if 100 criminals are released, no innocent should be punished.
Who argued what that the Supreme Court said- forget about the accused, bulldozer action cannot be taken even on the house of the criminal

The British soldiers who committed the Boston Massacre escaped because of this theory

Franklin increased the number of criminals from 10 to 100, after which it was recognized in the laws of the whole world that one innocent is more than 100 criminals. On this basis, the British soldiers who committed the massacre in Boston were saved from punishment. This principle was discussed a lot in the last decades of the 18th century. In the 21st century, this principle is often used as a precedent in the courts. It has also been adopted in India.

What was the Kanhaiyalal murder case, what are the charges against Javed?

On 28 June 2022, Kanhaiyalal was brutally murdered by Riyaz Attari and Gaus Mohammad by slitting his throat. At that time, the NIA had filed a chargesheet against a total of 11 accused Mohsin, Asif, Mohammad Mohsin, Wasim Ali, Farhad Mohammad Sheikh alias Babla, Mohammad Javed, Muslim Mohammad, including the main accused Gaus Mohammad and Riyaz Attari, in which Salman and Abu Ibrahim, residents of Karachi, Pakistan, were declared absconding. The NIA court granted bail to Farhad Mohammad alias Babla on September 1, 2023. A case was registered against him under the Arms Act.

Javed had done Reiki and a sword was found from his house

On 28 June 2022, 20 days after Kanhaiyalal's murder, the NIA arrested Javed. He was accused of meeting the main accused Riyaz Attari a day before the incident. A blunt sword was found during the search of his house. In such a situation, a case was also registered against him under the Arms Act. Javed, who sells artificial jewelery, was also accused of recce. A year ago also he had applied for bail in the court, which was rejected by the court on the appeal of the NIA. But this time Javed managed to get bail.

NIA has failed in court in several cases before

NIA had earlier also failed to present sufficient evidence against the accused in many cases. Due to which the case in the court had become weak at that time. In the 2007 Mecca Masjid blast case, 2008 Malegaon bomb blast and 2007 Ajmer bomb blast cases, NIA was not able to present sufficient and solid evidence in the court, due to which the accused were successful in taking advantage of this.