Kamduni accused file appeal in Calcutta high court

Written By Unknown on Rabu, 25 September 2013 | 22.44

KOLKATA: The Kamduni rape and murder accused filed a revision application in Calcutta high court on Wednesday against the trial court's decision to conduct in-camera proceedings and turning down their plea to record the depositions of witnesses in their own language. The matter is expected to come up for hearing on Friday. The accused have also prayed that the high court reconsider their plea and the entire proceeding in the trial court be videographed. This plea was also turned down by the additional sessions judge of bench-II at Bankshall Court.

Advocate Phiroze Edulji, on behalf of the accused, complained in his revision application that the sessions judge allowed the verbal prayer of the public prosecutor to hold in-camera trial while turning down his client's two applications. He submitted that his clients are highly aggrieved and dissatisfied with the order of the trial court that was passed on September 18.

"The impugned orders passed by the learned judge are a glaring example of non-application of the judicial mind and thus it is only in the interest of justice and equity that the same be set aside. Statements of all witnesses should be recorded in their language. The reason is that while appreciating the credibility and value of evidence, the actual words used by a witness have their own importance. Further, an appellate court does not have the advantage of hearing the witness personally and has to rely on their deposition as recorded by the learned judge," Edulji submitted in his application.

"In keeping with the times, Union law minister Kapil Sibal will hold a meeting next month with the chairman of the Bar Council of India, the heads of state bar councils and senior office-bearers of various bar associations regarding audio-video recordings of all court proceedings across the country by next year," it was further submitted.


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