Pollachi sex case trial: HC seeks CBI report by Sept 1

Seeking the CBI to file a report in this regard before the trial commences, Justice M Dhandapani also directed the trial court to ensure that the name of the witness is not revealed to anyone. Also, while directing the government to initiate departmental action against the then Superintendent of Police and other police personnel who divulged names of the victims and the accused to the media, the court sought the State to take all necessary steps for providing live link for taking deposition of the victims and the witnesses.

Further, in view of the sensitivity of the case, Justice Dhandapani also sought the trial court to take all necessary steps to conduct in-camera proceedings. The judge also directed the State forensic lab to submit necessary reports on items sent for analysis, to the CBI in two weeks.

The court also directed the Sessions Judge, Mahalir Neethi Mandram, Coimbatore, to conduct trial on a day-to-day basis and complete it in six months. It also sought the Public Prosecutor appointed by the CBI to take assistance of K Srinivasan, Special Public Prosecutor for CBI Cases, for effective conduct of the trial. Justice Dhandapani offered the directions while rejecting a default bail plea moved by one of the accused citing failure of the CBI to file the supplementary chargesheet within the stipulated 90 days.

The court rejected the bail plea on the basis that the supplementary report cannot be considered in isolation, but should be considered in conjunction with the initial report filed by the investigating agency. The petitioner’s contention that the report filed pursuant to further investigation is a defective report, which has been returned to the investigating agency and, therefore, there is no report in the eye of law by which he could be fastened with the crime was also rejected on the basis that the non-filing of the forensic analysis report along with the supplementary report, does not vitiate the supplementary report.