No testimony, so all freed in Katia case

CHANDIGARH, April 10: Ending the four-and-a-half-year-old Katia Darnand kidnapping and molestation case within about a year of taking ove...

CHANDIGARH, April 10: Ending the four-and-a-half-year-old Katia Darnand kidnapping and molestation case within about a year of taking over its hearing, UT Chief Judicial Magistrate Sant Parkash acquitted all seven accused, including Gurkirat Singh, grandson of the late Punjab chief minister Beant Singh.

Others who were acquitted include Head Constable Jasbir Singh, Constable Sukhwinder Singh, Inderjit Singh, Ashwani Kumar, Kuldip Singh and Manjinder Pal Singh.

Katia’s reluctance to depose before the court led to the acquittal of the accused, who were booked in September 1994. Gurkirat was booked on September 1, after statements by Katia and her friend Philips that on August 31, 1994, Gurkirat, along with six others, kidnapped her from Phase IX, Mohali, and attempted to gangrape her. Katia, however, refused to undertake the medical examination for rape.

Pronouncing orders from his 31-page judgment, the Magistrate observed: “The prosecution has not been able to bring out even an iota of evidence againstany of the accused present in the court. There is no cogent evidence to bring home the guilt. The most material and star witness of the case, Katia, has not appeared in the witness box. The other material witnesses, Philips, James and Lista, have not identified any of the accused in the present case.”

The Magistrate added: “The best identification report and statements of witnesses recorded under Section 164 Cr. PC are not substantive evidence. In the given circumstances, all points of determination of the case are answered in favour of the accused and against the prosecution. Finding no alternative, the accused are acquitted of the charges.”

It needs to be mentioned that though Katia made a statement before the Kharar Magistrate in September 1994, she was required to depose before the UT CJMs trying the case, including Darshan Singh and Sant Parkash. Despite more than 25 summons issued to her beginning January 11, 1996, Katia did not testify. Besides, the prosecution’s story weakened, with James andLista (Katia’s hosts) being dubbed hostile, and Philips (one of the complainants) expressing his inability to recognise any of the accused in the court. More than 35 prosecution witnesses turned hostile during the course of proceedings.