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Court reserves order on statement of accused

KT NEWS SERVICE. Dated: 6/15/2013 1:40:16 AM

SRINAGAR, June 14: As the defense lawyer insisted on recording of the statement of the accused in Srinagar acid attack case in which a woman from Baghat had suffered severe burn injuries on her body including face, the court has reserved its order on prosecution argument that the law does not permit re-recording of his statement.
Giving information of the proceedings, the Senior Public Prosecutor Abdul Aziz Teli, told Kashmir Times: “The defense lawyer wanted re-recording of statement of the accused Reyaz Ahmad Nath even if his statement has already been recorded under section 342 of Cr. PC after leading prosecution evidence. I vehemently opposed defense lawyer’s contention because he cannot do so under law,” he added.
The court, Teli said, reserved its order and is likely to pronounce it tomorrow. On June 10, the cross examination of the girl was concluded. The case was committed to the court of principal district and session’s judge on February 19, 2013, said Senior Public Prosecutor Abdul Aziz Teli, adding that it is in the history of prosecution in lower court that all the evidence has been concluded in just 51 days. “Now the court has directed the accused to be present on next Tuesday and the whole prosecution evidence will be put to him on that day,” Teli informed.
While seeking maximum of life imprisonment for the accused, police had charged Nath under various sections of RPC, including attempt to murder and outraging modesty of a local woman who is presently undergoing treatment at Apollo hospital in Delhi.
The chargesheet filed by Afaq Ahmad, Chief Prosecuting Officer (CPO) filed before a subordinate judge was later committed to the session’s court for a formal trial. The chargesheet has identified the accused as Reyaz Ahmad Nath, son of Ghulam Rasool Nath, a resident of Maisuma Colony Chanpora.
In its more than 60 pages chargesheet, the police has charged the accused with section 307 (attempt to murder), 326 (causing grievous hurt), 354 (outraging modesty) and 341 (wrongful restraint). The chargesheet includes statements of 16 witnesses including that of the victim, besides crucial forensic reports.
As the chargesheet was supposed to be filed before the Chief Judicial Magistrate who is presently on leave, the same was produced before the municipal magistrate who later transferred it to second munsif.
On January 2, Nath had allegedly approached a woman—a resident of Baghat Barzulla, and poured acid on her near her home. The victim suffered burn injuries on the face and arm and was admitted to SMHS hospital. Nath was arrested by police within hours after the attack.
The attack had evoked condemnation from all sections of society and the opposition Peoples Democratic Party (PDP) national spokesman Dr Sameer Kaul was first to offer medical aid and other expenses covering treatment of the victim at Apollo Hospital. However, the state government followed Koul’s call and made the same offer. Meanwhile, a senior government official said that the victim has been offered a government job in the school Education Department on compassionate grounds. The job has been however, offered in relaxation of the rules and the School Education Department is likely to issue formal orders for her posting within next few days.
Pertinently, the Supreme Court on February 6 said the ordinance promulgated after Nirbhaya's gang rape providing for minimum 10 years sentence to acid attack offenders will not be enough as long as statutory provisions are not in place to treat, rehabilitate and compensate acid attack victims.