Post by Anja Nieser on Sept 8, 2006 2:15:52 GMT -5
MATTOO CASE: WAITING FOR JUSTICE ---APPEAL: WELCOME STEP, SAYS VICTIMS
FATHER CBI wants death penalty for accused
THE CBI today sought the death penalty for accused Santosh Kumar Singh
during a hearing on the appeal in the Priyadarshini Mattoo murder case in
Delhi High Court.
The CBIs case for the death penalty, ironically, is backed by the same
pieces of evidence and lines of argument which the trial court had earlier
dismissed as shoddy investigation.
Speaking before the Division Bench of Justices R S Sodhi and P K Bhasin,
Additional Solicitor-General Amarendra Sharan said in cases of rape and
murder, the High Court has given death sentence earlier, and added that he
would press for the same later.
The prosecution was summing up arguments in front of the Division Bench
today. The defence is slated to commence its arguments next week.
The investigating agencys move for the death sentence comes after it
reiterated its forensic evidence to the Division Bench earlier.
In his judgment of December 3, 1999 acquitting Singh, Additional Sessions
Judge G P Thareja had spelt out the shortcomings in the CBIs
investigations.
The trial court questioned why the CBI took 2 days January 27-29, 1996
to locate the swabs and other samples of Mattoo stored in Safdarjung
Hospital.
Thareja observed that DNA tests had confirmed evidence of sexual assault
on the victim by the accused, Santosh Kumar Singh. However, the delay in
locating the samples and sending them to the Centre for Cellular and
Molecular Biology, Hyderabad, as well as indications that the volume of
blood in the sealed containers had gone down, left open the question of
tampering, a fact exploited by the defence then.
Thareja also asked why the CBI did not immediately examine Mattoos clothes
for forensic evidence.
During the prosecution submission in front of the Division Bench yesterday
and today, the CBI went over the same arguments.
The Division Bench found it an "erroneous action" that the CBI had not
examined the clothes, following which the prosecution today said there was
sufficient circumstantial evidence to seek the death penalty.
From being on the backfoot over the way it had conducted investigations
then, the CBI has now gone on the offensive backed by the same evidence
and reasoning it had used earlier. Whether it can convince the High Court
is another matter.
"It is a welcome step that the CBI has sought the death sentence for the
accused," Mattoos father, Chaman Lal Mattoo, who recently sought a
complete re-investigation and re-examining of evidence, said.
(source: Express India)
FATHER CBI wants death penalty for accused
THE CBI today sought the death penalty for accused Santosh Kumar Singh
during a hearing on the appeal in the Priyadarshini Mattoo murder case in
Delhi High Court.
The CBIs case for the death penalty, ironically, is backed by the same
pieces of evidence and lines of argument which the trial court had earlier
dismissed as shoddy investigation.
Speaking before the Division Bench of Justices R S Sodhi and P K Bhasin,
Additional Solicitor-General Amarendra Sharan said in cases of rape and
murder, the High Court has given death sentence earlier, and added that he
would press for the same later.
The prosecution was summing up arguments in front of the Division Bench
today. The defence is slated to commence its arguments next week.
The investigating agencys move for the death sentence comes after it
reiterated its forensic evidence to the Division Bench earlier.
In his judgment of December 3, 1999 acquitting Singh, Additional Sessions
Judge G P Thareja had spelt out the shortcomings in the CBIs
investigations.
The trial court questioned why the CBI took 2 days January 27-29, 1996
to locate the swabs and other samples of Mattoo stored in Safdarjung
Hospital.
Thareja observed that DNA tests had confirmed evidence of sexual assault
on the victim by the accused, Santosh Kumar Singh. However, the delay in
locating the samples and sending them to the Centre for Cellular and
Molecular Biology, Hyderabad, as well as indications that the volume of
blood in the sealed containers had gone down, left open the question of
tampering, a fact exploited by the defence then.
Thareja also asked why the CBI did not immediately examine Mattoos clothes
for forensic evidence.
During the prosecution submission in front of the Division Bench yesterday
and today, the CBI went over the same arguments.
The Division Bench found it an "erroneous action" that the CBI had not
examined the clothes, following which the prosecution today said there was
sufficient circumstantial evidence to seek the death penalty.
From being on the backfoot over the way it had conducted investigations
then, the CBI has now gone on the offensive backed by the same evidence
and reasoning it had used earlier. Whether it can convince the High Court
is another matter.
"It is a welcome step that the CBI has sought the death sentence for the
accused," Mattoos father, Chaman Lal Mattoo, who recently sought a
complete re-investigation and re-examining of evidence, said.
(source: Express India)