Sushant Singh Rajput's case is turning out to be a real-life suspense thriller as its been more than 100 days and the CBI seems to have no clue how the actor died. Sushant's family lawyer Vikas Singh claims that AIIMS doctors told him something and are telling something else in the media. Actually, the controversy started with the statement of Dr. Sudhir Gupta, AIIMS Panel head, who is saying that Sushant has committed suicide, he was not killed.
Has the AIIMS doctor's statement completely rejected the theory of murder? What does this report mean? Has the CBI investigation reached a dead-end? To understand the answer to these questions, a Hindi daily Dainik Bhasker spoke to former senior law officer of CBI in Delhi, VK Sharma, and former senior SP Mukesh Sahni. They said that the CBI is the premier investigative agency of our country. Its investigation is in totally separate at one place while the alleged report of AIIMS is at its own place.
As per VK Sharma, a former senior CBI law officer, according to section 45 of the Indian Evidence Act, the expert's opinion is relevant. It can be accepted in court. But, the Supreme Court's Judgment Law states that expert opinion can only be used for a corroborative.
He said that the expert opinion can help in proving if the investigating agency has any evidence. Sushant was found hanging in this case. Whether he did it himself or was killed by someone, a doctor's advice would be important.
The retired law officer also said that the post mortem is done to find out the cause of death and the examination of viscera to know the presence of poison. In this case, also, the doctor can tell the cause of death, but can not say whether it was a murder or not.
Mukesh Sahni, former CBI SSP, said the scope of the investigation is huge. What evidence the investigation team has collected will depend on which direction the investigation will proceed. The AIIMS report is a supporting document, other than that it does not hold importance in the investigation.
Senior Advocate Sharma said that if there is any contradiction between Opinion Evidence and Direct Evidence of a doctor, then the Court gives importance to Direct Evidence and not Opinion Evidence. The AIIMS will go under the opinion evidence.
CBI has three options. If it has evidence, it will file a charge sheet. If evidence is not found and there is apprehension, it will file an untressed report. Saying that a crime has happened but who did it, it cannot prove it. The third option is the closure report that does not need to increase the investigation in the case, it was a suicide case.