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Home / National News / Missing witness statements undermine prosecution, Lead to acquittals in 2008 Malegaon blast case

Missing witness statements undermine prosecution, Lead to acquittals in 2008 Malegaon blast case

Sun, 03 Aug 2025 16:48:06    S O News
Missing witness statements undermine prosecution, Lead to acquittals in 2008 Malegaon blast case

Mumbai — The acquittal of seven accused, including BJP MP Sadhvi Pragya Singh Thakur and Lt Col Prasad Purohit, in the 2008 Malegaon blast case was largely due to the disappearance of crucial documents and original witness statements, according to findings by the special NIA court.

According to media reports, the court noted that the prosecution failed to produce original statements of key witnesses recorded under Section 164 of the CrPC — a critical form of admissible evidence. Thirteen such statements, linked to alleged conspiracy meetings discussing revenge on Muslims and establishing a 'Hindu Rashtra,' went missing from court records in 2016.

Despite multiple searches, the documents could not be recovered. The Anti-Terrorism Squad (ATS) later produced three certified photocopies and sought their admission as secondary evidence. However, the Bombay High Court stayed this move in 2019, observing that the prosecution failed to prove the copies were made from verified originals. The court had directed a fresh application and inquiry, but neither was undertaken.

Instead, prosecutors proceeded with the trial, merely asking witnesses if their statements had been recorded under Section 164. While witnesses confirmed this, the court ruled it insufficient, ultimately weakening the case and leading to the acquittals.


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