A statement made under section 164 of CrPc is admissible as evidence in court of law. Saba had last month also refused to testify under the section.
On April 11, the court had asked Saba to respond within 48 hours whether she was willing to record her statement under section 164 of CrPc. Besides Zahida and Saba, three alleged contract killers, namely Shaikb 'Danger', Irfan and Tabish Khan are named accused by the CBI in the case. Tabish had also refused to testify under section 164 of CrPc.
When asked if refusal in recording the statement would affect the case, the public prosecutor replied in negative. "It is not affecting our case. The CBI has got sufficient evidence, and will file a challan in the court at the right time," Shukla said, adding that the statements made by some of the accused to the media are not inimical to the investigations.
Saba is currently under judicial custody for allegedly abetting killing of 32-year-old Shehla who was shot dead on August 11, 2011 outside her residence in posh Koh-e-Fiza locality in Bhopal.
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