Rekha Gupta attack case: Court frames attempt to murder charges against 2

A court here on Saturday ordered framing of attempt to murder charges against the two accused in the attack on Delhi Chief Minister Rekha Gupta at a public event earlier this year, saying there was a prima facie case against them.

Additional Sessions Judge Ekta Gauba Mann was hearing a case against Sakriya Rajeshbhai Khimjibhai and Tahsin Raza Rafiullah Shaikh, who are accused in the case.

Delhi Chief Minister Rekha Gupta was attacked during a 'Jan Sunwai' programme at her camp office in the Civil Lines area on August 20, with her office terming the assault a part of a "well-planned conspiracy to kill her".

 

Sakriya Rajeshbhai Khimjibhai (41), a resident of Rajkot in Gujarat, was arrested and booked under attempt to murder and other charges. Tahsin Raza Rafiullah Shaikh has been accused of hatching the conspiracy along with Khimjibhai to attack the chief minister.

In the order, the judge said, "I am of the considered view that prima facie all the ingredients for the offence punishable under BNS Sections 61(2) (criminal conspiracy), 221 (obstructing public servant in discharge of public functions), 132 (using criminal force on a public servant while they are executing their duty), 109(1) (attempt to murder) is made out against both the accused."  According to the prosecution, both the accused held a meeting in Gujarat's Rajkot, and Tahsin transferred Rs 2,000 into the account of Khimjibhai so that he could plan the whole attack.

The court noted that both the accused were communicating on the phone before the attack, and Khimjibhai was sending clips of the public hearing to Tahsin.

"This prima facie shows the criminal conspiracy between both the accused persons to attack upon the victim Rekha Gupta, Delhi chief minister, with an intention to murder the victim," it said and posted the matter for formal framing of charges on December 26.

The court noted that the victim in this case is the chief minister, an elected representative of the state, but still, the accused managed to breach the security ring.

"This prima facie shows that the accused had come in a very calculated and well-prepared manner to attack the victim with an intention to kill the victim, and this fact is further supported by the conduct of the accused."  Additional Sessions Judge Mann also noted that Khimjibhai also caused hurt to another person present at the spot, who tried to save CM Gupta.

"Considering the fact that the accused even dealt a fist blow to the prosecution witness Dhirender, a public person who tried to safeguard the victim and caused simple injury to him. So, prima facie case under BNS Section 115(2) (Voluntarily causing hurt) is made out," the court said.

On October 18, the Delhi Police filed a 400-page chargesheet against both the accused under various offences, including attempt to murder, assaulting and obstructing a public servant from discharging his duty, and criminal conspiracy.