Orissa crime branch (CB) investigating the nun rape case would soon move the lower court at Baliguda for necessary orders
CUTTACK: Orissa crime branch (CB) investigating the nun rape case would soon move the lower court at Baliguda for necessary orders to conduct the test identification parade (TIP) of the arrested persons here.
Orissa High Court on Friday had ordered that the TIP be held here and accordingly asked the investigating agency to make an application in this regard before the Baliguda sub-divisional judicial magistrate's court for the purpose.
"We will take appropriate steps to conduct the TIP proceedings immediately as soon as we get the certified copy of the HC judgement," K C Swain, Superintendent of Police, CB, said here on Sunday.
Swain is supervising the case which was taken over by the CB in October this year.
A total of 10 people have been arrested by the CB in the alleged nun rape case, including three persons apprehended from Kerala in October.
The nun was allegedly raped at K Nuagaon in Baliguda area of Kandhamal district during the Orissa bandh on August 25 as largescale violence had been triggered in the aftermath of the killing of Swami Laxmananda Saraswati and four of his disciples on August 23.
The nun, who claims to be undergoing treatment in New Delhi, was initially reluctant to cooperate with state police and had demanded a CBI probe into the case which was turned down by the Supreme Court.
The nun agreed to cooperate with the state police thereafter but when the trial court ordered for a TIP, she refused to go to the strife-torn district to participate in it saying she apprehends danger to her life in violence-hit Kandhamal.
Subsequently she moved Orissa High Court seeking change of venue of the TIP to either to New Delhi or somewhere outside Kandhamal, preferably in Bhubaneswar or Cuttack.
The HC allowed her petition directing to conduct the TIP in Cuttack.
According to the evidence Act it is necessary to get the arrested suspects identified by the victim who claims to be able to identify the accused. Therefore, an identification parade shall be held to confront such suspects with the victim.
The TIP proceedings shall be conducted in the presence of a magistrate appointed by the designated court and the suspects shall be made to stand among other dummy persons similarly dressed and of the same social strata in the proportion of eight or nine persons to one suspect. The suspects would be allowed to take any position in the parade.
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