Hindustan Times (Amritsar)

Decade and 200 hearings later, verdict today

What stands out in the case is that the victims stood by their statements and deposed against the dera chief during trial even as there were several attempts by his lawyers to counter them

- Vivek Gupta and Surender Sharma vivek.gupta@hindustant­imes.com

CHANDIGARH: Finally after 200 hearings spread over 10 years and numerous stay orders of higher courts in between, the CB I special trial court in Pan ch ku la is set to decide the fate of Dera Sac ha Saud a chief G ur meet Ram Rahim Singh, who is accused of rape of his female followers, on Friday. The journey so far has not been easy both for the investigat­ive agency and the two complainan­ts.

A vital aspect of the case is that the victims stood by their statements and deposed against the dera chief during the trial, although there were several attempts by the defence counsel to counter them by claiming that their initial statements before investigat­ion officers did not level rape allegation­s.

To prove that they hadn’t alleged rape, the defence filed several applicatio­ns, even approached higher courts, to get testimony of many investigat­ing officers (IOs) and even victims. In one such instance, they managed to cross-examine one of the initial IOs, KL Raina, claiming that he had already recorded before the trial court that none of the two victims ever levelled allegation­s against the accused. As per lawyers, Ram Rahim filed at least 50 petitions in the high court and nearly a dozen in the Supreme Court.

The CBI counsel repeatedly countered the defence by saying that the victims made earlier statements under pressure of dera authoritie­s, and that what mattered was the statement made during the trial.

Sources said that both the victims appeared before the trial court a number of times in 2009 and 2010 and stood their ground during cross-questionin­g, which according to the CBI could be a clinching factor in this case.

One major argument that held up the case for three years —2010 to 2013 — was the applicatio­n moved by the Ram Rahim in the trial court to seek specimen signatures and handwritin­g samples of one of the victims.

HANDWRITIN­G TEST

They produced a letter during the trial in 2009 which claimed that one of the victims wrote to Ram Rahim before leaving the de rain which she mentioned that he was like a “father figure” to her and she “has nothing against him”.

Even as the CBI objected to production of such a letter after years, the trial court directed victim to give her signature and handwritin­g samples. But her

father moved the HC in 2010 on the grounds that it was unnecessar­y harassment of his daughter.

The trial only restarted in 2013 after the high court dismissed the father’s applicatio­n and the victim gave handwritin­g and signature samples. These did not match with the disputed letter following a forensic report.

‘DELAY TACTICS’

In September last year, the HC had imposed a cost on the dera head and recorded that he could not be allowed to file applicatio­ns “just to delay trial”. The HC said, “The trial court has right ly found that the entire exercise made by the petitioner was with an ulterior motive to delay the trial. The petitioner cannot be allowed to play with the court proceeding­s in the manner he has done. At any rate, the orders under challenge are legally and factually correct and no interferen­ce is required to be made with the impugned orders.”

The total list of witnesses — both of prosecutio­n and defence — too was cut short during the trial. Against 28 witnesses initially, the CBI settled on 15, while the Ram Rahim produced 37

against a list of 100 initially given. Final arguments were held twice due to transfer of judges in 2016.

MURDER CASES TOO

Besides the rape case, the dera chief is among the accused in two murder cases, the trial of which is at different stages at the special CBI court in Panchkula and the next hearing is on September 16.

The CB I in 2015 also filed a case against him for alleged forced castration of 400 male devotees.

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