Today could be a crucial day in the case between Jiah Khan’s mother Rabia and CBI

Mumbai: Today could be a crucial day in the case between Jiah Khan‘s mother Rabia and CBI. A hearing in the High Court is due, where UK-based forensic expert Jason Payne James’ detailed investigation report in the apparent suicide case is likely to be submitted. The expert has been hired by Rabia to probe into her daughter’s death, and help unearth crucial information relating to the case, since she was dissatisfied with CBI‘s findings. Three years ago, on June 3, 2013, Jiah was found hanging from the ceiling of her Juhu home.

While the CBI claims it was suicide, her mother Rabia continues to suspect foul play in the case. The special prosecutor in the case, advocate Dinesh Tiwari, when asked about the new development, states, “I’m yet to see the report. So, I can’t comment.” Rabia’s counsel, advocate Swapnil Ambure, states, “Yes, the detailed findings will be presented to the Hon’ble High Court today. The report of forensic expert Jason Payne concludes that considering the injuries and other circumstances, it is apparent that attempt has been made to attribute her death to suicide.”

After an earlier hearing in August, Rabia had told Bombay Times that she found the CBI’s version appalling and was even willing to approach the Apex Court to seek justice for her daughter. She had alleged that someone had entered the flat from an open window and committed the crime, but CBI had dispelled the theory. Rabia had pointed out that while the CBI claims the wall of the building is 18 ft, it is only 8 feet and 12 inches. Even earlier, Jiah’s mother had requested the High Court for a Special Investigating Team, stating that she was not satisfied with CBI’s investigation of the matter. Rabia told the media on Sunday that she had been trying for a substantial period to obtain forensic details of the case from the CBI but hasn’t seen any success, which led her to rope in the forensic investigator. On the other hand, advocate Prashant Patil, Sooraj’s counsel, when asked for a statement on the development, said, “We have no idea whether the complainant has sought any opinion from any private forensic expert or not, as we are not involved in the matter pending before the Hon’ble High Court. The matter is between the CBI and the complainant. It is for the CBI to answer. But academically, opinion only under Sec 293 of The Code of Criminal Procedure (CrPC) is admissible in law, wherein an independent expert, defined under the section can provide opinion in matters related to criminal investigation. The opinion of private experts has no admissibility value and such opinions are sought after payment of their professional charges by either parties. The complainant cannot direct the course of investigation. It is the prerogative of the state. All this has only unduly delayed the trial pending before the trial court and affected the fundamental right of my client to face a free, fair and expeditious trial.”

Now, it is to be seen what the High Court’s opinion is on the new investigator and the findings, and whether they really add another dimension to the on-going case.”

Bureau Report