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Mapkar, who was booked for unlawful assembly and rioting, is the only accused to have been tried till date. The sessions court has acquitted 22 other accused in the case after the prosecution failed to prove its case before the court and showed serious discrepancies on the time and the manner in which the incident had occurred. However, Mapkar’s case was separated from the case and was later transferred to the special riot court constituted to try the 1992-93 riot cases last year.
Defence advocates Yug Choudhary and Shakil Ahmed appearing for Mapkar have argued that he should be acquitted on the grounds of parity as other accused have been acquitted on the same charges leveled against Mapkar. The prosecution has examined 12 witnesses in all.
Mapkar, a security guard in a cooperative bank, is both a victim and an accused. While Mapkar remains an accused in the lower court, the Bombay High court few weeks ago ordered a CBI inquiry to be initiated against assistant police inspector Nikhil Kapse, who had allegedly opened fire on the men at the mosque, killing six people. The Srikrishna Commission report on the 1992-93 Mumbai riots had held Kapse, then a police sub-inspector, “guilty of unjustified firing” and “inhuman and brutal behaviour”.
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