CHANDIGARH, OCT 8: Nearly three years after charges were framed against seven alleged kidnappers and molesters of French tourist Katia Darnand, UT chief judicial magistrate Sant Parkash closed the prosecution evidence today.
At the very onset, the statements of the investigating officers, Inspector Harish Sharma and ASI Ramesh Kumar, were recorded before the CJM. Prosecutrix Katia Darnand, however, could not be examined as she did not depose before the court despite “the receipt of summons on many occasions and proper arrangement for her security”.
Her presence could not be procured by the prosecution also as the bailable warrants issued by the court on July 20 were received unserved.
A letter from K L Khetarpal, under secretary in the Ministry of External Affairs, received by the court today, stated that the warrants could not be executed as mutual legal assistance treaty in criminal matters had not been signed by the Indian Ministry with France. The warrants could not be served through thediplomatic channel also, the letter added.
The prosecution’s application for the appointment of a commission for recording Katia’s statement in France had earlier been dismissed by the CJM. Today, pronouncing the orders in the open court, the CJM observed: “Considering that already more than sufficient opportunities have been granted to the prosecution and there is no likelihood of Katia coming to the court for deposition, and that the accused cannot be allowed to suffer on account of non-service to the complainant in the absence of any treaty between the two countries, I deem it proper to close the remaining evidence of the prosecution”. The case will now come up for recording the statements of the accused, if any, under Section 313 of the CrPC on October 30.
Katia was allegedly molested after being kidnapped from her Kenyan friend’s residence in S A S Nagar on August 31, 1994. She had later expressed inability to depose before the court apprehending danger to her life. Seven accused, includingGurkirat Singh, grandson of former chief minister of Punjab Beant Singh, are facing the trial.