Activist bent on appeal, calls order illegal
The CBI probe also did not find any evidence of Abhaya being subjected to sexual exploitation. Hence there was no question of finding semen traces on her vaginal swab, said Ajithkumar. (Photo: DC/File)
THIRUVANANTHAPURAM: While human rights activist Jomon Puthenpurackal said he would file an appeal against the Thiruvananthapuram Chief Judicial Magistrate's order acquitting those who had done a chemical examination of the body of sister Abhaya, advocate S.Ajithkumar who appeared for the accused said there was strong evidence and witness accounts to prove the innocence of his clients.
According to Puthenpurackal, the contentions made by the accused before the court during the trial were earlier rejected by the Chief Judicial Magistrate court while pronouncing an order to chargesheet the case. It was also rejected by the High Court later. Hence the present decision of the Chief Judicial Magistrate court to acquit the accused on the basis of those same contentions would be challenged in the High Court.
However, Ajithkumar said the Chief Judicial Magistrate court had ordered that a chargesheet be filed in 2011 as there was prima facie evidence in the allegations. It was only during the trial that the evidences were examined in detail and the statements of witnesses considered. The statement of a chief chemical examiner that the corrections and over writings were permissible as well as a statement from the doctor who conducted the post-mortem and said that sister Abhaya was a virgin, was strong evidence that proved the innocence of the accused.
The CBI probe also did not find any evidence of Abhaya being subjected to sexual exploitation. Hence there was no question of finding semen traces on her vaginal swab, said Ajithkumar.
( Source : dc correspondent )
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