On the 10th day of the appeal filed by 11 men, convicted of gang-raping a five-month pregnant woman in the aftermath of the 2002 Hindu-Muslims riots in Gujarat, the defence said Bilkis Bano did not mention ‘ balatkar ’ (rape) to the medical officer, who examined her after the incident.
Criminal lawyer Harshad Ponda, representing five of the 11 convicts, read out the statement recorded by the medical officer. The statement said there is no mention of ‘ balatkar ’ (rape) even once by Ms. Bano. The officer has maintained his stand when he recorded his statements at Limkheda police station, Godhra police station, and before the Central Bureau of Investigation (CBI) in Hindi and Gujarati.
A division Bench of Justice V.K. Tahilramani and Justice Mridula Bhatkar was hearing the appeal of those convicted of the gang rape and killing seven of Ms. Bano’s family members and also an infant born to her cousin sister. The 11 convicts, including three police officers, were awarded life imprisonment in 2008, but they moved the Bombay High Court in 2009 against their conviction.
In 2004, Ms. Bano had moved the Supreme Court seeking shifting of the case out of Gujarat, because she feared the witnesses and statements will be tampered with.
Earlier, Mr. Ponda said there are omissions in Ms. Bano’s statements recorded in her examination-in-chief and cross-examination. He also said that there are discrepancies in her statements recorded in 2002 by the Godhra police and then recorded in 2004 by the CBI.
Additional Solicitor General Anil Singh will argue for the prosecution after the defence concludes its arguments.
In a first of its kind, a victim has filed an intervention application at the High Court, while an appeal is being heard. Ms. Bano seeks to be heard after the defence and the prosecution make their arguments and submissions in the court.
