The Free Press Journal

No need to ‘recall’ witnesses in Bilkis Bano gang rape case

- STAFF REPORTER

Finding no need to ‘recall’ the witnesses in the infamous 2002 Bilkis Bano gang rape case, the Bombay High Court on Thursday rejected the applicatio­ns moved by the defence counsels in the case. It may be recalled that the HC is currently hearing an appeal of 11 convicts in the case along with the appeals of Central Bureau of Investigat­ions (CBI) which has sough enhancemen­t in the punishment for three convicts in the case. Harshad Ponda, the advocate for convicts, had moved applicatio­ns seeking ‘recall’ of nearly three witnesses and also to record statements of an additional witness on August 22.

The division bench of Justice Vijaya Tahilraman­i and Justice Mridula Bhatkar, which is hearing the appeals, on Thursday rejected the applicatio­ns.

The defence wanted to recall Prosecutio­n Witness (PW) number 8 - Saddam Hussain and PW72, which is the investigat­ing officer Sinha. The defence’s contention was that they wanted the said witnesses to be recalled to prove the ‘omissions and contradict­ions’ in the statement of Saddam. The defence also wanted to recall the Defence Witness (DW) one Budhsingh to prove the contradict­ions in the statements of another prosecutio­n’s witness.

In addition to the numerous witnesses from both the sides, the defence also wanted to record statements of one Mangalsing­h to prove the contracdic-tions in Bilkis Banu’s version of the case. On the other hand, Hiten Venegaonka­r, the counsel appearing for CBI had opposed the applicatio­ns citing the ‘inordinate’ delay in filing these applicatio­ns. “Undoubtely there is an inordinate delay in making these applicatio­ns as the incident is of 2002. Also, the statements were recorded mainly by two separate investigat­ing agencies, 2002 and 2004,” the bench observed.

Dismissing the applicatio­ns, the bench said, “We are of the opinion that there is no need to recall the witnesses so also to call a witness Mangalsing to lead additional evidence in order to reach to just and correct decision in these Appeals. Hence, the Applicatio­ns are dismissed.”

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