HEAT OF THE MOMENT: What are the legal aspects of Aftab’s statement in court, understand from expert – Aftab accused in Shraddha Walker murder case in Delhi

Aftab, an accused in the Shraddha Walker murder case in Delhi, is facing increasing difficulties. His polygraph test was done on Tuesday. On Wednesday, the Delhi Police will again take him to the forensic lab. It is being told that the accused Aftab told the judge during his appearance in the Saket court that whatever happened was HEAT OF THE MOMENT. That is, whatever he did, he did in anger without thinking. Let’s know its meaning…

To understand HEAT OF THE MOMENT and Law of Court, we spoke to Supreme Court Advocate Dr. Kapil Sankhla. Sankhla has analyzed this statement. He told that the statement of the accused has no meaning in the eyes of the law unless it is a confession (affirmative) and that too when it is a judicial confession. Means only pen statement matters before the magistrate.

He further said- If something is accepted or revealed through a statement, then only a partial part of that statement can be used. Sankhla said that according to the court whatever statement he is giving is not important. What is important is that he is not trying to mislead the investigation. He is not trying to misdirect or delay the investigation process.

related news

He told that for the first time when he made a statement saying that I am under influence, only the person living under influence is not going to help him. Unless he shows that he didn’t know someone was drugging him or if he was addicted and didn’t know what was happening.

The expert also told these points as important.
Saying Heat of the Moment, the case cannot be proceeded on the basis of the statement of the accused. Because he himself came home with the weapon, he had done the mapping before the murder case. This will not weaken the case, but will derail the investigation.
– Investigators will have to work hard on scientific evidence. This will help the police a lot in the court.
At this time the case is not in a strong condition, but on the other hand the investigation of the case has just started.
Scientific evidence will play a major role in this case.
– The police will not have to be lax. At this time, maximum effort will have to be made to collect evidence.

Aftab’s four-day police remand extended

Please inform that Delhi’s Saket Court has extended the police custody of accused Aftab in the Shraddha murder case for four days. Aftab’s police custody was to end on Tuesday. Aftab was presented in the court under a special hearing. During this, Aftab said in front of the judge that whatever happened was HEAT OF THE MOMENT. That is, whatever he did, he did in anger without thinking.

Aftab said – can’t remember many things now

Aftab told the court that he is cooperating in the investigation. He gave information about the places where he threw the pieces of the dead body. Aftab said that he would tell everything, but because of the long time since the incident, he is not able to remember many things. According to Aftab’s lawyer, he does not remember exactly from where he bought the saw. Aftab has also made a map of the pond where he had thrown Shraddha’s head.

Police got jaw from Mehrauli

Earlier on Monday, the police recovered a jawbone and some bones from the forests of Mehrauli. Delhi Police has taken it to a dentist, so that it can be ascertained whether this jaw belongs to Shraddha or not. Dentists have started examining this jaw.

There is increasing pressure on the police to gather evidence

Actually, in any case, the accused can be taken in custody for 14 days till he is sent to jail. Aftab has been detained by the police for 10 days. Now the police have only 4 days left for custodial interrogation and to recover the murder in the spot. That is, the police will have to collect all the evidence and clues in these 4 days to make this case worth presenting in the court. In such a situation, the pressure on the police to collect evidence is increasing continuously. But if seen, till now the hands of the police are almost completely empty regarding the evidence. Because many revelations are yet to be made in this murder case, about which the police do not know anything yet.

For example, till now the saw, weapon involved in the incident has not been found. Some parts of the body have not been found. This includes the head part. Now only some bones and part of the jaw have been found. The clothes involved in the incident have not been found. Shraddha’s phone has also not been found.

In interrogation, Aftab has told that he had thrown the saw and blade in the bushes of DLF Phase 3 area of ​​Gurugram. While Chapad was thrown in the dustbin on 100 foot road of Mehrauli. The Delhi Police team has twice inspected the bushes in Gurugram. But the weapons have not been found.

see also

Leave a Comment