Bench says re-examination of witnesses not possible as 80 per cent of the appeal has been completed
The Bombay high court on Thursday rejected the application filed by the defence in the Bilkis Bano case, seeking permission to recall three witnesses already examined by the trial court, for re-examination. The defence’s appeal to examine a new witness was also rejected.
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The four witnesses include Bano’s eight-year-old nephew Saddam Hussain, deputy superintendent of police and investigating officer of Central Bureau of Investigation (CBI) UN Sinha and two other constables.
While arguing the case, senior counsel Harshad Ponda, appearing for the seven convicts who challenged their life term, told Justices VK Tahilramani and Mrudula Bhatkar that he found several discrepancies in the case that needed to be addressed. However, CBI counsel Hiten Venegonakar vehemently opposed the application saying that the defence had already concluded the arguments and as per Section 391 of the Criminal Procedure Code, they did not have the scope to recall a witness.
The judges while dismissing the application said 80 per cent of the appeal has been concluded and the defence had already pointed out all the loopholes. The court is likely to hear the appeal further on Monday.
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