Former CBI Director R K Raghavan, who headed the Special Investigation Team (SIT) to probe cases including the Gulberg Society massacre, today expressed disappointment over the acquittals and said they would decide whether to appeal against the dropping of conspiracy charge against all the accused.
"There is a kind of mixed feeling over the conviction. I am slightly disappointed over acquittals. That's the part of the game and you can't be winning all the time. I am neither ecstatic nor frustrated. I'll take it in my stride," he said.
Raghavan said he did his best as an investigating officer by placing facts before the court but it refused to buy his story.
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"We did our best with all the facts before the court. It refused to buy our story. The court has believed us partly by not convicting all the accused. It shows the mettle of the Indian judiciary. They just want the Investigating Officer to place all the facts. And it is for the court to make a decision," the ex-SIT chief said.
Over dropping of the charge of criminal conspiracy against all the accused under section 120 B of the IPC, Raghavan said, "We did include Section 120 B which defines criminal conspiracy in our chargesheet for a valid reason. But the court decided otherwise and I cannot comment on this aspect of the verdict before reading it,"
Several elements go into the offence of conspiracy, he added.
"I am sure the court has spelt out reasons why there is no conspiracy. The judiciary should not agree with whatever we say. If we are not convinced with the rationale adopted by the judge then we will examine it and remit it through good legal authority/prosecutors and then decide if an appeal is possible," Raghavan said.
A special SIT court here today convicted 24 of the 66 accused including a VHP leader in the 2002 post-Godhra Gulberg society massacre, which left 69 people including former Congress MP Ehsan Jafri dead.
The court also acquitted 36 others including sitting BJP corporator Bipin Patel and also dropped the conspiracy charge under section 120 B of the IPC against all the accused.
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"Overall it was a good judgement as 24 of them were convicted while some of them were charged with murder. I have to see the copy of judgement to analyse why these 36 were acquitted," Raghavan told reporters in Gandhinagar after the verdict.
"People have been made accused even if small amount of evidence was found against them. So it is possible that the court was not satisfied with such evidence and acquitted them by giving benefit of doubt. We will seek legal opinion before taking any further decision," he said.
"All the statements recorded and submitted by SIT were credible. However, some coaching (of witnesses) took place when the case was in the court. That might have gone against the case (leading to acquittals)," said Raghavan.
He also alleged that attempts were made by some "forces" to misguide the SIT during the investigation.
"Some forces tutored witnesses and asked them to record a particular statement before the SIT. These witnesses were asked to say things which did not took place. Witnesses were given printed statements by these elements. However, we rejected such statements and asked the witnesses to say what they have actually seen," said Raghavan.
