Shortly after the mother of the driver involved in the Porsche crash, who is accused of tampering with blood samples, requested forensic analysis reports of the victims, Aneesh Awadhiya and Ashwini Koshta, the prosecution opposed her request, labeling it a “roving and fishing inquiry.” The prosecution contends that at the charge-framing stage, the accused is not entitled to access documents that the prosecution has not utilized.
The request was submitted by the driver’s mother, who is in her early 50s, in mid-May, coinciding with the court’s proceedings to frame charges against ten individuals, including her, who face charges of criminal conspiracy, forgery, bribery, and evidence destruction linked to the alleged manipulation of blood samples at Sassoon General Hospital shortly after the incident. In her application, she argued, “The matter is currently set for an order regarding the framing of charges. Without adherence to the mandate under section 207 of the CrPC, the entire trial against the accused will be compromised. Consequently, the accused respectfully requests that this honorable court direct the investigative agency to provide the definitive forensic analysis of the victims’ blood and viscera prior to issuing any orders for charge framing.”
On Tuesday, Special Public Prosecutor Shishir Hiray filed a response to the application. He informed the court, “At the charge-framing stage, the accused is not entitled to demand production of documents that the prosecution has not relied upon. The focus of consideration at this point is strictly limited to the evidence collected by the investigative agency and included in the charge-sheet.”
He continued, “The legal framework clearly indicates that the accused’s right to request production of defense documents arises at the appropriate trial stage following the framing of charges, rather than at the pre-charge phase. Allowing the accused to seek all unrelied documents at this early stage would essentially permit an impermissible roving and fishing inquiry. In this case, all relevant documents included in the charge-sheet and complaint have already been provided to the accused as per legal requirements, causing no prejudice to them. Therefore, we respectfully request that this Honorable Court reject the application submitted by the accused.”
On May 19, 2024, at approximately 2:30 AM, two young IT professionals, Aneesh Awadhiya and Ashwini Koshta, both aged 24 and hailing from Madhya Pradesh, lost their lives when a speeding Porsche Taycan, allegedly driven by a 17-and-a-half-year-old from a prominent Pune real estate family, collided with their motorcycle at the Kalyani Nagar junction.
As the investigation progressed, law enforcement apprehended the minor’s mother, father, Dr. Ajay Taware, who was the head of forensic medicine at Sassoon Hospital, Dr. Shrihari Halnor, the casualty medical officer, Atul Ghatkamble, a morgue staff member, and middlemen Ashpak Makandar and Amar Gaikwad, who facilitated communications between the minor’s father and the medical professionals. They face charges of evidence tampering, forgery, criminal conspiracy, and corruption related to the swapping of blood samples. The Pune police have also detained and charged a 37-year-old man who provided his blood to replace that of a minor co-passenger, along with the father of that co-passenger. Additionally, the 52-year-old father of another minor co-passenger was arrested earlier for offering his blood sample to be exchanged for his son’s. Except for Ghatkamble, all of the ten accused have been granted bail by the Supreme Court at various times.
Sushant Kulkarni is a Special Correspondent for The Indian Express in Pune, with over 12 years of experience in reporting on crime, defense, internal security, and judicial matters. He has been with Indian Express since July 2010, covering law and order issues in Pune and its surroundings, cyber crime, narcotics, and terrorism. His defense reporting includes operational aspects of the military, defense research and development, and issues concerning key defense establishments, along with several sensitive court cases in Pune. In his personal time, Sushant enjoys photography, playing the harmonica, and cooking.
