Legal experts say a visit to the site of crime is required in some cases for better assessment of evidence.
Designated court judge Jyotsna Yagnik visited various spots in Naroda Patia area of Ahmedabad where 96 people were killed by a riotous mob on February 28, 2002.
The judge had decided to inspect the site to take note of the topography of the area for better assessment of the evidences, statements and testimonies submitted before her during the hearing of the massacre case. The hearing in the case is likely to conclude in a couple of months.
According to legal experts, a visit by the judge to the scene of crime is an important factor in the trial of sensitive criminal cases.
“Judge Jyotsana Yagnik came to Naroda Patia on Monday morning and visited various spots where people were killed in the infamous massacre. A site visit is required under section 310 of the criminal procedure code (CrPC),” Yusuf Sheikh, counsel for the riot victims, said on Monday. The judge was accompanied by defence lawyers, government lawyers Akhil Desai and Gaurang Vyas and senior officials of the Supreme Court-appointed special investigation team (SIT) which had conducted further investigation in the case.
Judge Yagnik daylong visit started around noon. She first visited Chetandas ni Chali, Hussainnagar, Gopinath Park, Gayatrinagar and other places where riot victims were intercepted by a mob of thousands of people and butchered. The judge, along with court staff, also took note of the topography of the area. The survivors of the massacre were also present in the area and peacefully co-operated with the court’s team.
However, the victims’ lawyer Yusuf Sheikh alleged that the SIT had not investigated the case satisfactorily. “SIT officials did not investigate the case properly. We have repeatedly demanded the arrest of police officers whose complicity in the massacre came to the fore during the trial of the case. But SIT officials have paid no heed to our appeals,” Sheikh said. The lawyer further said that they had also demanded that the SIT get a well (known in the area as the Teesra Kuan) dug up as they had a strong apprehension that some people were killed and dumped in the well. “The bodies were later covered by filling the well with sand,” Sheikh said.
Hearing in the Naroda Patia case is on the verge of completion. SIT lawyers Akhil Desai and Gaurang Vyas took the testimony of 327 witnesses out of the 650 mentioned in the charge-sheet. There are more than 60 accused facing trial in the case, including former minister Maya Kodnani, former VHP leader Jaideep Patel and Bajrang Dal activist Babu Bajranagi.
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