The Bombay High Court on Thursday dismissed appeals filed against the acquittal of several accused in the alleged fake encounter cases involving Sohrabuddin Shaikh, Kausar Bi and Tulsiram Prajapati. The Division Bench held that there was no sufficient legal basis to interfere with the trial court’s 2018 acquittal order after a detailed reappreciation of evidence.
The appeals were filed by Rubabuddin Shaikh and Nayabuddin Shaikh, brothers of Sohrabuddin Shaikh.
Background of the Case
The case traces back to November 2005, when Sohrabuddin Shaikh was killed in a police encounter in Gujarat. The prosecution alleged that Sohrabuddin, his wife Kausar Bi, and associate Tulsiram Prajapati were abducted while travelling by bus from Hyderabad to Sangli. It was further alleged that all three were later killed in staged encounters as part of a larger conspiracy involving police officers and political figures.
Following directions of the Supreme Court of India, the investigation was transferred to the CBI. After investigation, charge sheets were filed against multiple accused persons. During trial before the Mumbai Sessions Court, over 200 witnesses were examined.
However, the trial court acquitted the remaining accused in December 2018 after holding that the prosecution failed to establish the conspiracy and encounter allegations beyond reasonable doubt.
The Bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam A. Ankhad noted that several key witnesses had turned hostile during trial and did not support the prosecution story. The Court observed that the case largely rested on circumstantial evidence, but the prosecution failed to complete the chain of circumstances required for conviction.
Referring to the trial court findings, the High Court noted that there was “no iota of evidence” proving a politician-police conspiracy behind the alleged fake encounters. The Bench also recorded that important ballistic and forensic evidence failed to conclusively connect the weapons allegedly used in the encounters with the accused persons.
The Court further examined testimonies of bus passengers, police officials, medical witnesses and other prosecution witnesses. Many witnesses either denied earlier statements or stated that statements were recorded under pressure. Several witnesses refused to identify the accused or support the alleged abduction narrative.
On medical evidence, the Bench noted that the prosecution itself faced inconsistencies regarding the deaths of Sohrabuddin Shaikh and Tulsiram Prajapati. It also observed that witnesses projected as crucial to proving the alleged conspiracy did not provide reliable evidence during trial.
Counsel for the appellants argued that the trial court ignored material evidence and adopted an erroneous approach while appreciating witness testimonies. It was contended that the acquittal judgment was perverse and deserved interference by the appellate court.
On the other hand, senior counsel appearing for the acquitted accused submitted that the trial court had conducted a detailed examination of every witness and there was no legal ground to overturn the acquittal. The defence argued that mere suspicion could not replace proof beyond reasonable doubt.
The High Court ultimately declined to interfere with the 2018 acquittal judgment, holding that the prosecution failed to establish the charges through reliable and consistent evidence. The Court found no compelling reason to reverse the findings recorded by the trial court after extensive appreciation of evidence.
Case Details
Case Title: Rubabuddin Shaikh vs Central Bureau of Investigation & Ors.
Case Number: Criminal Appeal Nos. 641 & 656 of 2019
Judges: Chief Justice Shree Chandrashekhar and Justice Gautam A. Ankhad
Decision Date: May 7, 2026
