Public prosecutor, SV Gavand opposed the plea saying that the offence was serious in nature.
The Bombay High Court recently dismissed a plea by a maulana, accused of sexually assaulting and indulging in unnatural intercourse with minor students, who came to study at a Madrasa in Wadala.
Justice AM Badar observed that “when available evidence (victim’s testimony) is sufficient, non-examination of other witnesses, though available, is of no assistance to the defence,” in response to maulana Nasir Hussain Shamsher Ali Hashmi’s argument that the police had dropped 13 witnesses including the father of the victims, the major part of the trail was conducted through video-conference, and that he was not represented by his advocate on three occasions in the trial court. Hashmi is in custody since 2015 and has been ordered into 20-years of imprisonment; he has challenged his conviction in the high court and has sought bail, pending appeal.
Public prosecutor, SV Gavand opposed the plea saying that the offence was serious in nature. She took the court through the entire incident narrated by the two victims about how the accused would show them pornographic video on his laptop and then sexually assault them.
After going through the victims’ testimony, complaint and police evidence, Justice Badar said, “Prima facie it is difficult to record a finding at this stage to the effect that evidence of these four witnesses, which is tested on the tough stone of the cross-examination is untrustworthy or unreliable. Considering the nature of the offence and the evidence on record, non-furnishing of the report of DNA is of no consequence. Similarly, when available evidence is sufficient, non examination of other witnesses though available is of no assistance to the defence.”
The bench added, “Considering the nature of offence and the manner in which it is committed, no case for grant of bail is made out even though the applicant is behind the bar from September, 12, 2015. The application is therefore rejected.”
ABOUT THE ACCUSED
- Nasir Hussain Shamsher Ali Hashmi, a maulana at a Madrasa in Wadala, would teach visiting students
- He has been accused of showing pornographic videos to the victims and indulging in unnatural sex with them
- Hashmi argued that the police had dropped 13 witnesses including the father of the victims
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