MUMBAI: In a setback to the prosecution in the actress Jiah Khan death case, the CBI today told a Mumbai court that it was not possible to retrieve Blackberry messages exchanged between her and her actor-boyfriend Sooraj Pancholi who is accused of abetting her suicide.
Jiah was found hanging in her flat here on June 3, 2013. She was 25.
Her mother, Rabiya, had moved an application last month seeking access to the Blackberry messages exchanged between her daughter and Sooraj.
As per the reply filed in the court by special CBI prosecutor Rajendra Bhatnagar today, Sooraj's mobile phone was sent to forensic laboratory where experts said the messages could not be retrieved.
Meanwhile, state-appointed special public prosecutor Dinesh Tiwari told the court that Rabiya's application should be treated as a plea moved by the prosecution.
However, Special judge Shaeeda Razvi said Rabiya cannot make such request as she does not have a locus standi.
In October 2013, Rabiya moved the Bombay High Court alleging that Jiah had been murdered and sought a CBI probe, which was granted.
During the probe, CBI charged Sooraj (25) with abetment of suicide of Jiah.
As per the chargesheet filed in the court earlier, Jiah had left the house of Sooraj on morning of the incident.
According to the CBI, Sooraj, son of actor couple Aditya Pancholi and Zarina Wahab, had hidden facts and fabricated information during his questioning.
The forensic analysis of Sooraj's statements, which is part of the chargesheet, has "established that Sooraj was concealing relevant information about the actual reason behind the incident and the statement given by him is incomplete and fabricated," the CBI had said.
Sooraj had refused to be part of any scientific tests like polygraph or brain mapping which the agency wanted to conduct on him.
According to the CBI, Jiah had purportedly written a suicide note wherein she narrated about her intimate relationship, physical abuse and mental and physical torture allegedly experienced at the hands of Sooraj.
The three-page note was seized by the Mumbai police on June 10, 2013.
The unsigned letter, however, was not addressed to Sooraj.