Madinabibi’s right to recall witnesses questioned

The defence counsel in the Madinabibi gang rape-cum-murder case in post-Godhra riots today questioned the right of the petitioner seeking to...

The defence counsel in the Madinabibi gang rape-cum-murder case in post-Godhra riots today questioned the right of the petitioner seeking to recall seven witnesses for cross-examination again after a lower court in Panchmahals district had rejected a similar application.

Appearing on behalf of the accused, advocate S.V. Raju contended before the Gujarat High Court that the ‘‘petitioner (Madinabibi) has no right at all to recall the seven witnesses already cross-examined by the public prosecutor’’.

Raju, in his argument before Justice C.K. Buch, said ‘‘even if the petitioner has something to say, she must submit it through the public prosecutor. The right of a private party (Madinabibi) to move such an application is limited and it can be done so only after recording of evidence is over’’.

Citing preliminary objections to the Special Leave Petition filed by Madinabibi, Raju argued: ‘‘If the witnesses had turned hostile in the lower court, then it should have been the public prosecutor’s job to cross-examine them.’’ Further arguments in the matter will continue tomorrow.

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