Kochi: Ernakulam Chief Judicial Magistrate P.D. Soman on Friday dismissed a petition filed by Sister Sephy, third accused in the Sister Abhaya murder case, seeking to record her statement that she was subject to medical examination by CBI without her consent.
In her petition, the third accused said that when she was produced before the court on December 2, she could not express herself in so many words about the harassment at the hands of the CBI, because there was a big crowd in and around the court. She was so embarrassed that she could not state it openly before the court. Therefore, the court did not take note of her complaint. It would cause great prejudice to the defence of the accused and would amount to violation of the Criminal Rules of Practice. So, the counsel for Sephy sought to record her statement and make it part of her earlier statement.
The CBI termed the allegation of Sephy as false. The CBI also submitted that the accused had used modern techniques in medical science to tamper with the key evidence in the case.
The magistrate pointed out when she was produced before the court, neither the accused nor her counsel alleged that the virginity test was conducted without her consent and against her will. All the accused had made general allegations of mental harassment due to sustained interrogation and not made any specific allegation, the magistrate observed.
The Magistrate, who had gone through the medical report, said the test was conducted after taking her written consent. So, there was no basis for the allegation.
Meanwhile, a petition filed on behalf of the second accused, Fr. Jose Puthrikkayil, said he had not confessed to the crime. The CBI submission that he had admitted to the crime was false and fabricated with ulterior motives. The CBI had created false documents to establish that he had confessed to the crime, he contended.