MUMBAI: In a landmark judgment, the Bombay High Court on Monday refused to confirm the death penalty awarded to five men convicted in the 2006 Mumbai train blasts and acquitted all 12 accused, overturning the 2015 verdict of a special MCOCA court.The high court strongly criticised the prosecution, observing that it had failed to establish key aspects of the case — including the type of explosives used in the synchronised blasts that killed 189 and injured over 800 commuters.Here’s what the special bench of Justices Anil Kilor and S.M. Chandak observed:
- It is “very abnormal” that witnesses could identify the accused after a gap of four years.
- The prosecution’s evidence was “not safe” to base conviction
- Some witnesses were found to be “stock witnesses” who had appeared in multiple cases.
One witness, who claimed to have seen the bombs being assembled, remained silent for 100 days. The court noted that he was initially a suspect and later changed his statement.The HC held that the prosecution had failed to meet the legal threshold required to sustain the convictions. The verdict brings relief to the 12 accused who have spent 18 years behind bars and were facing either death or life sentences.The RDX explosives killed 189 and injured 827 others, according to the trial court verdict. Bombs planted on trains exploded during the peak evening office rush hour at seven locations — between Khar Road and Santacruz, Bandra and Khar Road, Jogeshwari and Mahim Junction, Mira Road and Bhayander, Matunga and Mahim Junction, and Borivli.
