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news details
'Impossible to examine 221 witnesses within 90 days and pronounce verdict'
Kathua rape-n-murder case
4/15/2018 12:31:39 AM
Early Times Report
jammu, Apr 14: Legal experts have questioned the state government's announcement of concluding the trial in Kathua rape and murder case within 90 days through a fast track court.
Experts are of the opinion that given the large number of witnesses involved in the case, it is "highly impossible to reach the conclusion within three months." They have stated that as per the government's own records, there are no less than 221 witnesses in the case and their examination and cross-examination wouldn't get completed within the stipulated time period.
"Given the fact that there are 221 witnesses in the case, how could this be possible to question them all and then examine their statements and then reach at a conclusion that too within 90 days?" says a senior lawyer.
"Legally speaking, this is highly impossible. It would need more time, and government should have taken into account the legal view before announcing that the case would be completed within 90 days," he says.
He was seconded by several other legal experts who said the government should have, at least, done some ground work before stating that the case would be concluded and justice will be given in 90 days to the victim's family. "If you want to give justice, then you have to minutely examine all the 221 witnesses of the case. You cannot do that in 90 days and then within this period only reach at the conclusion and pronounce verdict," says a law student based in Kashmir.
He added that even if the case is taken to the Supreme Court, it will be highly impossible to pronounce the verdict in 90 days. "Even if you examine two witnesses each day non-stop, without even the break of single day, still you cannot record the statements of all the witnesses in 90 days period," he said.
Pertinently, Jammu and Kashmir Chief Minister Mehbooba Mufti, who also holds the Home portfolio, on Saturday terminated the services of four policemen accused in the rape and murder of a minor in Kathua district.
The Chief Minister also wrote to the Chief Justice of Jammu and Kashmir High Court, seeking a fast track court to conclude within 90 days the trial in the case that has caused a nation-wide outrage.
The development comes a day after the resignation of two BJP ministers in the coalition government, Chaudhry Lal Singh and Chander Prakash Ganga, who had attended rallies in support of the accused in the rape and murder.
Mehbooba Mufti is in Srinagar to meet party legislators and senior ministers to discuss the future course of action on the case.
The minor girl from the Bakerwal community was kidnapped on January 10 and taken to a temple in Rasana village in Kathua district. Her attackers, which included temple official and policemen, drugged and gang raped her over days before finally killing her and dumping her body in a forest nearby, seven days later.
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