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Tuesday, 11 November 2008

Setback to the prosecution case against extradited gangster Abu Salem

Setback to the prosecution case against extradited gangster Abu Salem, one of the two approvers in the 1995 Pradeep Jain murder case has turned hostile.Riaz Siddiqui, who had been granted pardon by the special Tada court in 2006, turned hostile last month. The defence wanted to cross-examine him, but the prosecution opposed. However, the special Tada court passed an order in favour of the defence.
The prosecution then said that they wanted to challenge the order in Bombay High Court. The matter will come up for hearing on Tuesday.Siddiqui, a close aide of Salem, was arrested after the gangster was extradited from Portugal in November 2005. Siddiqui is allegedly part of the murder conspiracy. As per section 306 of the Criminal Procedure Code, a court can grant pardon to an accused “on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge relative to the offence and to every other person concerned”. The accused after being pardoned is examined as a witness in the case.If the accused abides by the conditions of the pardon, he is acquitted in the case. If he doesn’t, he is tried by the court. Naeem Khan, who also turned approver in the case, has, however, supported the prosecution in the case. Khan allegedly arranged the finance for the killers.Salem is being tried with two other accused — Virendra Jhamb, a builder, and Mehndi Hasan, who allegedly drove the scooter on which the assailants drove to Jain’s office.Jain, a builder from Andheri, was gunned down in March 1995 after he refused to pay extortion money to Salem.

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