New Delhi: The alleged murder of a young girl Sheena Bora by her own powerful mother Indrani Mukherjea has created a sensation across India. A section of the media has almost concluded that Indrani has murdered Sheena. It is also coming out with all kinds of conspiracy theories and salacious stories about their personal lives. However, some legal experts caution the media and police against going overboard. Here are some interesting observations about the case. Following things are going to be very critical during the time of trial.
1. Sheena Bora was allegedly killed by her socialite mother Indrani Mukherjea in collusion with her former husband and the driver.
2. There seem to be no eyewitnesses to the murder allegedly committed by the trio. When the direct evidence is not available, what is the circumstantial evidence required to prove the guilt of the accused?
3. The first and foremost circumstance to be proved by the prosecution by conducting a DNA test is that the charred body found in Raigad forest is that of Sheena.
4. Then, the Prosecution must prove the critical circumstances to connect the accused to the crime. These are - that Sheena was last seen with three accused; that the evidence was destroyed by the accused as a cover up exercise; that there was a motive for killing; and that Indrani Mukherjea lied to friends and relatives on the whereabouts of Sheena. Besides, the Prosecution will have to prove the confessional statements of the accused which lead to discoveries and offer credible explanation on what made the Police first suspect the accused. If the Prosecution can fix the location of accused at Raigad forest (where the body of Sheena was dumped) on the date of incident by using the GPS data from the cell phones used by the accused, it would be of great help.
5. The task is not at all easy. The Police may turn the accused driver as an approver by applying to the court. If the court grants permission, the proof of guilt of Indrani Mukherjea and her former husband may become easy.
This case is perhaps the mother of all crimes, since it has all - money, talent and glamour.
(Mohan V Katarki is a noted Advocate at the Supreme Court of India, New Delhi)
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