J.Dey Murder Verdict: Testimonies of this blogger & other journos..
Here are excerpts from the order of Special MCOCA Court judge S.Adkar dated 02/05/2018 wherin the testimonies of Jitendra Dixit & other journalists have been considered for convicting underworld don Chota Rajan.
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485. The analysis of the evidence of PW.76 Jitendra Dixit shows that at
the relevant time, he was holding a senior position in the 'Star News'
channel. This fact was not disputed by the defence in crossexamination. It
has come in his evidence that wherever possible the information received
by him from the Police used to be verified before it was aired. This shows
that he was a responsible correspondent. His evidence that on
16/11/2011 he had received a phone call on his mobile number
9820703347 from the accused no.12Chhota Rajan from the number
+3444 and that the accused no.12Chhota Rajan claimed the
responsibility for the murder of J.Dey was not dented in any manner
during the crossexamination. Further, on being asked by the defence, he
has also stated that when he received the call from the number +3444 the
digits in front of it or after it were not reflected on the screen of his mobile
phone. These facts further confirm that PW.76Jitendra Dixit had indeed
received a phone call from the number +3444. He received the said phone
call sometime in the afternoon and in the evening he wrote and posted the
contents of his conversation on his blog “Address to the Universe” on his
website “www.jitendradiary.blogspot.com”. When the Police came to
know about his conversation with the accused no.12Chhota Rajan, he was
immediately summoned on the next day i.e. on 17/11/2011 for enquiry
and after his enquiry, his statement was recorded. At that time, he gave
the printout of the blog (Exh.788) to PW.143ACP Duraphe. This fact is
confirmed by PW.143ACP Duraphe in his evidence. The evidence of
PW.76Jitendra Dixit also shows that he used to regularly write blogs on
his website. In fact, he was writing blogs since the year 2007. Therefore, it
cannot be said that he created his website and the blog only for the
purposes of the present case to oblige the Police. On the contrary, in the
crossexamination, it has been brought on the record that it was his hobby
to write blog. Not only this, the defence has relied upon his other blogs
Exh.1369 colly) in support of their stand.
486. The evidence of PW.76 Jitendra Dixit was sought to be doubted onthe ground that he was very close to the Police and in collusion with the
Police he has falsely implicated the accused no.12Chhota Rajan. The said
submission is required to be rejected. It was not unusual for him to be in
touch with the Police considering the fact that he was a crime Reporter
and they need to be in touch with the Police to get the information which
they want. But that does not mean that PW.76Jitendra Dixit was under
the control of the Police. There is nothing to suggest that he was
compelled to write the blog (Exh.788) on 16/11/2011 at the instance of
the Police. In fact, during his crossexamination, a suggestion was given to
him that he was deposing falsely at the instance of the Police. But the
same was emphatically dismissed by him. The fact that he was called by
the Police after he had written the blog (Exh.788) is the testimony of the
fact that prior to 17/11/2011 he had no contact whatsoever with the
Police with respect to this case. So also, there is nothing to suggest that
just prior to writing the blog (Exh.788) he was in touch with the
Investigating Officer of this case. As stated earlier, when an accused claims
to be falsely implicated he has to lay down a factual foundation for the
same and prove it by leading impeccable evidence. But, no evidence was
led in that regard.
487. During the crossexamination of PW.76 Jitendra Dixit he has stated
that he did not undergo any course in recognition of voice samples. A
similar question was put to PW.100Aariz Chandra in his cross-
examination. While analyzing the evidence of PW.100Aariz Chandra this
Court has already considered and rejected the submission.
488. As stated earlier, after the receipt of the phone call from the accused
no.12Chhota Rajan claiming responsibility of the murder of J.Dey,
PW.76 Jitendra Dixit had posted the contents of his conversation in his
blog “address to the Universe” on his website
“www.jitendradiary.blogspot.com”. This immediate conduct of PW.76
Jitendra Dixit in posting the contents of the conversation on his blog is
relevant. The contents of the blog (Exh.788) corroborate the oral evidence
of PW.76Jitendra Dixit. It has come in his evidence that before taking the
printout of the blog (Exh.788) he did not edit the contents of the blog.
This shows that the contents of the blog were not tampered with.
489. It may be noted that the blog (Exh.788) does not bear the date on
which it was written. But there is a reason for it. The blog was written on
the same day on which the phone call was received. The starting two lines
of the blog (Exh.788) itself shows that it was written on 16/11/2011. The
contents of the blog were written in present tense. Further, it has come in
his evidence that he had taken the printout of the blog (Exh.788) on the
next day of the receipt of the phone call which also means that he had
written the blog (Exh.788) on the same day on which he had received the
phone call from the accused nos.12Chhota Rajan. In any case, there is
nothing suspicious in his evidence. Further, it is not the stand of the
defence that the contents of the blog were imaginary and false. There is no
evidence to even prima facie suggest that PW.76Jitendra Dixit had any
motive to create a false blog. He had no axe to grind against the accused
no.12Chhota Rajan. In fact, by posting such news he risked his career and
possibly his life as had the contents of the blog (Exh.788) were false, the
accused no.12Chhota Rajan would not have spared him.
490. It may be noted that it has come in the evidence of PW.76Jitendra
Dixit that when the accused no.12 Chhota Rajan was arrested at Bali,
Indonesia many Reporters including him had gone there. It has been
brought out in his crossexamination that though at that time, he did not
have any one to one interview with the accused no.12Chhota Rajan many
Reporters had put questions to the accused no.12Chhota Rajan.
Obviously, at that time, he must have heard the voice of the accused
no.12Chhota Rajan when he gave the answers to the questions which
were put to him. Thus, he had another occasion to hear the voice of the
accused no.12Chhota Rajan as he was in front of him. It is not the stand
of the case of the defence that the voice of the accused no.12Chhota
Rajan which was heard by PW.76Jitendra Dixit at Bali, Indonesia was not
the same voice which was heard by him when the phone call was made to
him.
491. It may be noted that when the extrajudicial confessions were made
admittedly, the accused no.12Chhota Rajan was not in India. He was not
under the control of any investigating/vigilance authority of India. He was
a free man. His movements were not controlled by the Indian law
enforcement agencies. As he was located hundreds of miles away from
India and Mumbai he had no fear of the Indian law enforcement agencies.
He was not in a position of weakness. As he did not feel threatened in any
manner by the Indian law enforcement agencies or any other agency, he
called PW.78Sunilkumar Singh and other witnesses and told them the
truth. In this background, if the news regarding the phone call made to
these witnesses was really a fake news then nothing prevented him from
immediately picking up his phone and calling the media denying his
involvement in the murder of J.Dey. But he did not do so.
512. From the above, it is clear that the evidence of PW.76Jitendra Dixit,
PW.78Sunilkumar Singh, PW.87Nikhil Dixit and PW.100Aariz Chandra
regarding the phone calls made to them by the accused no.12Chhota
Rajan confessing his guilt is cogent, trustworthy and reliable. There is
nothing suspicious about their evidence. These witnesses were senior and
experienced Journalists. They were independent witnesses. There was no
reason for them to depose falsely. There is no evidence to show that there
was any previous concert between these witnesses to falsely implicate the
accused no.12Chhota Rajan in this case. The extrajudicial confessions
made by the accused no.12Chhota Rajan to them do not suffer from any
inherent improbabilities. The words spoken to by these witnesses are
clear, unambiguous and unmistakably convey that the accused no.12
Chhota Rajan is responsible for the murder of J.Dey. The extrajudicial
confessions have passed the test of credibility and can be accepted and can
be the basis of a conviction.
Comments
Thank you.