Click to play videoNew Delhi: Almost four-years after Hanna Foster, a British teenager was raped and murdered allegedly by an Indian, Maninder Pal Kohli, the accused is likely to face extradition to UK.
The Delhi High Court has dismissed Kohli's petition challenging lower court's order on his extradition. The High Court also came down on the lower court for its observation that Kohli was prima facie guilty in the case.
The Ministry of External Affairs can now go ahead for extradition of Kohli to UK where he has been charged with rape and murder.
The lower court had said, "findings of the extradition magistrate shall be treated only as a prima-facie and not as a conclusive evidence against the petitioner (Kohli), whatever the reasoning given by the magistrate."
Kohli had approached the Delhi High Court challenging the extradition order of the magistrate of June eight seeking its modification.
Seventeen-year-old Hanna Foster was raped and killed in 2003. Kohli—the main suspect in the case escaped from UK to India after the incident.
Counsel appearing for Kohli contended that the finding recorded by the extradition magistrate conclusively indict him, which is against the law.
“Extradition magistrate has no power to go into the merits of the case. The finding of the magistrate in my case comments on the merits and these findings would severely prejudice my case in the United Kingdom," Kohli said.
Accepting the contention of Kohli the court said, "the magistrate has held that there is a case against Kohli, nevertheless to allay the apprehension the report of extradition magistrate stands modified and it would only be a prima-facie evidence against him."
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