Sohrabuddin Sheikh fake encounter case accused N K Amin, who is willing to become an approver, told a special Central Bureau of Investigation court that his statement before the chief magistrate was given as that of a witness and it was not a confession.
In an application in the special court of Additional Chief Magistrate A Y Dave, Amin said his statement which needs to be recorded as a procedure for becoming an approver should be under section 164(5) of the CrPC which is for statements other than confessional statements. According to Amin's lawyer Jagdish Ramani, there was misunderstanding that his client who has also sought pardon to become an approver, would make a confessional statement before the magistrate under section 164(2) of CrPC. The application was made to clarify that Amin's statement would be on a par with that of a witness and not a confessional statement, he said.
The court which was hearing Amin's application to become an approver in the fake encounter case, has scheduled further hearing in the matter on October 26. Meanwhile, the court has reserved till October 26, the order on the CBI's application seeking permission to obtain voice samples of five accused in the Sohrabuddin fake encounter case for the purpose of comparing it with audio-video evidence
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