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Sohrabuddin Sheikh fake encounter case accused N K Amin, who is willing to become an approver, told a special Central Bureau of Investigation court that his statement before the chief magistrate was given as that of a witness and it was not a confession.
In an application in the special court of Additional Chief Magistrate A Y Dave, Amin said his statement which needs to be recorded as a procedure for becoming an approver should be under section 164(5) of the CrPC which is for statements other than confessional statements. According to Amin's lawyer Jagdish Ramani, there was misunderstanding that his client who has also sought pardon to become an approver, would make a confessional statement before the magistrate under section 164(2) of CrPC. The application was made to clarify that Amin's statement would be on a par with that of a witness and not a confessional statement, he said.
The court which was hearing Amin's application to become an approver in the fake encounter case, has scheduled further hearing in the matter on October 26. Meanwhile, the court has reserved till October 26, the order on the CBI's application seeking permission to obtain voice samples of five accused in the Sohrabuddin fake encounter case for the purpose of comparing it with audio-video evidence which the central agency has against them.
CBI lawyer D S Salve submitted before the court that voice samples of five accused were needed to verify the voices on audio-video evidence that the agency had. He also cited some Supreme Court judgements allowing prosecution to take voice samples of the accused. The lawyers representing the accused opposed the CBI plea saying that there was no provision under the CrPC that could allow investigating agency to collect voice samples of accused without their consent. They further argued that a magistrate had no powers to permit an investigation agency to take voice samples and that the CBI's application needs to be rejected. The CBI had said that it wanted to collect voice samples of five accused in the fake encounter case which include suspended IPS officer Abhay Chudasama, Amin, N V Chauhan and two other accused Yashpal Chudasama and Ajay Patel.
Amin has already agreed to give his voice sample for verification. The audio-video evidence with the CBI include the recording of conversation between Amin and Chauhan, where the later allegedly said that he had heard prime accused Vanzara telling another co-accused Rajkumar Pandian over the phone that instructions to liquidate Sohrabuddin's wife Kausar Bi came from former minister of state for home Amit Shah.