India | Updated Sep 05, 2006 at 06:00pm IST

Mattoo case order debatable: HC

CNN-IBN

New Delhi: The Delhi High Court on Tuesday said a lower court accepted evidence against the accused in the Priyadarshini Mattoo rape-and-murder case but still acquitted him six years ago.

The High Court, which began daily hearing in the case, said the reasons for which the lower court let off Santosh Singh after accepting the CBI’s evidence are debatable. Mattoo, a 23-year-old law student, was raped and murdered in her South Delhi apartment on January 23, 1996.

Additional Solicitor General A Saran, CBI’s lawyer, said trial judge G P Thareja ignored two vital evidence but agreed with other circumstantial and material records produced by the agency.

The evidence relate to DNA tests and the seizure of broken pieces of a helmet visor from Mattoo’s home. According to the CBI, a test conducted at a Hyderabad laboratory found semen collected from Mattoo’s undergarments matched with Singh’s semen.

Blood on the broken visor pieces, too, matched with Mattoo’s blood. The CBI said the trial judge ignored the DNA report on the plea that out of the 12 ml blood collected from Singh, eight ml was missing from the exhibits.

Saran said some amount of the blood evaporated while being taken to Hyderabad. However, the trial court did not dispute CBI’s other findings which proved "beyond reasonable doubt" that Singh killed Mattoo.

The CBI had produced Mattoo’s complaints and FIRs against Singh for harassing her. It also showed the trial court Singh’s written apologies and undertakings to the police that he would stop stalking and harassing Mattoo.

Eyewitnesses told the court that they had seen Singh with the helmet just 30 minutes before Mattoo’s murder. "You mean to say barring two grounds, the entire evidence and the findings of the learned trial judge is in your favour?" the High Court asked to which Saran said yes.

Sharan denied that the CBI faced pressure while investigating the case when the High Court asked for a specific answer.

The case will now be heard on Tuesdays, Wednesdays and Thursdays so it can be concluded speedily. "TLoopholes were created by the CBI/prosecution deliberately as a result of which the accused got acquitted. They blame the judiciary for it; the judiciary is not to be blamed," said B L Wali, lawyer of Mattoo's father.

"After 10 years at least something has happened. The hearing has begun. And we are hopeful that with the kind of facts and evidence the state has, we will get justice," said Indu Jajali, a friend.

(For updates you can share with your friends, follow IBNLive on Facebook, Twitter, Google+ and Pinterest)

Comments (0)

All comments will be published after moderation