The Shraddha Murder case has shaken the nation to the core. The details of how Shraddha Walkar was brutally murdered and chopped into 35 pieces by her boyfriend Aftab Amin Poonawala are gruesome to the core. Aftab is currently in Delhi Police’s custody and the court has permitted them to get his narco test done. Though the confession of Aftab already exists, the Delhi Police’s job is far from complete.
The foremost challenge before the Delhi Police is to collect evidence in a murder case that took place more than six months ago. The evidence collected by the police will be a determining factor in earning a conviction in a court of law.
On November 15, Delhi Police went to Mehrauli forests with Aftab to collect evidence. During interrogation, he informed the police that after killing Shraddha on May 18, 2022, he chopped the dead body into 35 pieces and threw them one by one in the forest. It took him around 18 days to complete the task. Reportedly, the police have recovered at least 10 body parts from the forest. However, it is yet to confirm if any of those belong to Shraddha or not. Forensic tests and DNA tests are being conducted to confirm the identify the parts recovered in the forest.
Murder cases have a history of vanishing from the headlines and we often do not learn if the accused managed to get relief from the court. One of the biggest reasons behind the accused getting relief is the lack of evidence. If the police fail to collect sufficient evidence, the accused person’s counsel may use it to get relief from the court. OpIndia talked to former police officials and lawyers to understand the challenges that Delhi Police faces in the Shraddha murder case.
Narco test is not a valid evidence
Supreme Court lawyer Ajay Gautam, while speaking to OpIndia, said that the narco test is conducted by the police to confirm the facts related to the crimes. However, it does not hold a stand in court. He said in many cases the criminals have escaped tests like Narco and Lie Detector in the past using their physical ability. However, he believes that even if he successfully evades the narco test, there is no guarantee that the court will consider him innocent. Citing the infamous Nithari case, he said the Narco test did not yield any favourable results but the sentence was pronounced based on other evidence.
Electronic evidence and evidence collected from the spot are important
Speaking to OpIndia, Retired Delhi Police ACP Ved Bhushan said Aftab continued to run his social media accounts and Shraddha’s accounts after murdering her. It is also proof of the crime. There will be a DNA test conducted on the remains of the dead body. If it matches the victim’s father’s DNA, it will become crucial evidence. He further added apart from evidence found at Aftab’s house, his phone call details will also provide important information in the case. Furthermore, CCTV footage and evidence collected from the place where he brought the fridge and saw are also important.
A single strain of hair can become the last nail in the coffin
Ajay Gautam added that the punishment is almost certain in the case even if a strain of hair belonging to Shraddha is recovered. He said though Aftab has wiped out the evidence from the crime scene, the forensics will find some evidence. He also emphasised the importance of DNA tests in the case.
Rarest of the rare cases
Former ACP Ved Bhushan called the case the rarest of rare. He said there were cases like Naina Sahni Tandoor Case, Nithari Case, Sheena Bora and others that were not common crimes. Similarly, this case will be considered the rarest of rare cases and it will be an aspect of the hearing.
What if the weapon used in the crime is not found
According to Advocate Ajay Gautam, if the police fail to recover the weapon, the saw, used in the crime to cut Shraddha’s body into pieces, it will not make any difference. He said before awarding the punishment, the court will look into the motive of the murder. Regular arguments, instances of beating the victim and relationships with other girls are some of the aspects that would add to the motive of the crime allegedly committed by Aftab. Furthermore, he used Shraddha’s social media handles and bank accounts which will help prove him guilty.
Speaking to OpIndia, Retired Deputy SP of Uttar Pradesh Police Vivekanand Tiwari said that when the weapon used in the crime is not recovered, the police have to present a strong and satisfactory reason for the same in the court.
The absence of eyewitnesses
Jai Gautam said there is a possibility that Aftab’s counsel may put up an argument that no eyewitness is present in the case. However, giving the example of rape cases, he said that such arguments will not hold any base in the court. Furthermore, technical evidence is also important in such cases.
Circumstantial evidence holds the upper hand compared to eyewitness
Speaking to OpIndia, for DSP of UP Police Avinash Gautam said the circumstantial evidence is more effective than eyewitness testimony. He said the location of Shraddha’s mobile continued to be at Aftab’s flat after her death, proving they were in contact and lived together.
90 days obligation
Former DSP Vivekanand Tiwari of UP Police added that in such cases, the police must submit the charge sheet within 90 days. If it does not happen, it will be considered a big failure of the police and in such cases, the accused may get released on a bail bond, he added.
