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