Khairlanji: Court Proceedings on 22nd July’08

14Aug08

The court resumes its work at 3:45 P.M. after lunch break.Adv.Khan continues his arguments on the basis of the statements of witness, Mukesh Pusam.

Adv.Khan: Sir, as per the record, there is no drastic difference between his statements to the police or to the court .If we put all of his statements together, there is the coherent material on record.

Now, I will turn the court’s attention to the statement of Dinesh Dhande u/s 164.He says in this statement that…(reads out the statement) I am right to say that there is no deviation in the statement & the subject matter remains the same. Minor variation does not change the meaning. U/S 164,magistrate never ask. The witness only narrates the story as public procecutor; question can be asked if anything is missed out. But u/s 164, he narrates the whole story voluntarily, but he did not miss the single fact. Now about his identification parade. He did not identify the culprits because his father was inside the Jail which could have jeopardize the safety of his father therefore he did not identify the accused.

Consistency is one of the quality for reliance of testimony of witness. Incidence was not denied by the defense ; only the question of darkness and distance was put forwarded but they did not deny the roll of the accused in committing the crime but still the defense of darkness is questionable, since witness said that it was not so dark that he could not see the faces of criminals.

If the court says that it was too dark to be seen by the witness then it must have some foundational basis for such inference. But the witnesses said that it was not that much dark that he could not see. And categorically it is improbable for the person of the young age of Dinesh Dhande to be not able to see through the darkness.

The suggestion of implication by CBI was put before this court to the witness by the defense. But what could we get by the inducement? Is the victim is too rich to bribe us?What benefit the government of India could have got for inducing the witness?

There are three kinds of witnesses

Wholly unreliable
Fully reliable
Partly reliable
To some extent supportive evidence can be extracted from wholly unreliable & partly reliable witness but still it is unreliable due to fear or laps of memory. But this witness dinesh Dhande comes under the category of fully reliable.His statements are consistence and without significant contradictions. Even if the contradiction is there, the statements favoring the prosecution can be considered and the contradiction can be brought out for closer scrutiny.

I will make my arguments concise by making charts on basis of comparative statements of various witnesses .It will save time since the court seems to be perplexed about the lengthy arguments. For that I will need the time of one and half day.
Judge: – But you have to finish your arguemnts within three to four days.

Adv. Khan: – It will be difficult, sir

Judge: – Then you can go to the high court and complaint that the judge is not giving you sufficient time to argue your side.

Adv. Khan: – Sir then give us two hours daily, we can inform the high court. As prosecutors we are not to report the high court, but if such eventuality comes then we shall go to the high court. My request would be to keep only to hour’s hearings everyday so that your mind would not be blocked by continuously hearing the arguments and you will not bore yourself with hearing the same point again and again

Judge: – But it will take much more time, so let’s proceed as usual on day to day basis.

(The court is adjourned at 4.45 pm till the next day that is 23rd July)



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