Ehtesham Siddiqui, an alleged SIMI member, was sentenced to death in October 2015, along with four others, for their involvement in the serial bomb blasts in suburban trains that killed 188 people in 2006
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A special court here has rejected the plea of a convict sentenced to death in the 2006 Mumbai train blast case, who sought action against three prosecution witnesses claiming the false evidence given by them had resulted in his conviction.
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Ehtesham Siddiqui, an alleged SIMI member, was sentenced to death in October 2015, along with four others, for their involvement in the serial bomb blasts in suburban trains that killed 188 people in 2006.
He is currently lodged in Nagpur Central Jail.
Siddiqui's plea was rejected on April 25 by the special judge for cases under Maharashtra Control of Organised Crime Act (MCOCA), A M Patil, saying it was devoid of merits and there was no explanation for filing the application seven years after the conviction.
Siddiqui contended that he was falsely implicated in the case and was convicted to death due to false evidence given by three prosecution witnesses.
He further said that after delivery of judgment, if documents establish the falsity of evidence of a witness brought to the notice of the court, then the court is competent to proceed under section 340 of CrPC.
The documents submitted along with this application would prove the falsity of the deposition of the above witnesses, he stated.
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The prosecution had opposed the plea, saying the case trial had lasted for seven years and 192 witnesses were examined by them, while the defence examined 51 people.
During this entire exercise, this applicant has got ample opportunity, but nothing was brought on record to discredit the evidentiary value of the prosecution witnesses, the prosecution said, adding that the present application is filed at a belated stage.
The special judge, after hearing both sides, noted that the court had passed the judgment after appreciating the evidence on record.
Now, after seven years, the applicant filed this application and prayed to initiate action against the respondents number 1 to 3 (prosecution witnesses) under section 340 of CrPc. There is no explanation as to the delay in filing this application, the judge said.
In such circumstances, it is seen that the present application is devoid of any merit and thus it needs to be rejected, the court said.
Seven RDX bombs exploded in the first class coaches in many suburban trains on July 11, 2006, killing 188 people and injuring 829.
The blasts occurred within a span of 10 minutes between Khar Road-Santacruz, Bandra-Khar Road, Jogeshwari-Mahim Junction, Mira Road- Bhayander, Matunga- Mahim Junction and Borivali.
The ATS chargesheet had said that Improvised Explosive Devices (IEDs) were made in a room in Govandi in suburban Mumbai and some Pakistani nationals were also present during the bomb-making.
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