Jammu and Kashmir’s Kathua rape case: Prosecution to present girl’s biological father

BK Online Srinagar
July 19, 2018 BREAKING NEWS 114 Views
Jammu and Kashmir’s Kathua rape case: Prosecution to present girl’s biological father

The prosecution will present in court the biological father of the eight-year-old nomad girl, allegedly raped and found murdered in Kathua in Jammu and Kashmir in January.
However, the prosecution is unlikely to rely on him as a witness, said people with knowledge of the matter.
They decided to present him — he is one of the 221 witnesses — in the court at a time when the defence is claiming a major victory by raising eyebrows over the testimony of the girl’s foster father.
The defence sought to question the foster father’s testimony when he was cross-examined on his relation to the victim.
He conceded that he was not the biological father of the girl and that he had adopted her from her biological parents after he lost his three children, including a seven-year old daughter, in a 2002 accident. The girl was around six months old when he adopted her, he said.
The testimony revealed that neither of the biological parents had come to collect the girl’s body or approached the police.
While the testimony of the biological father will be of little consequence to the prosecution, he will still be produced before the court leaving it to the court to decide about his significance to the case, said people with knowledge of the matter.
The foster father told the court that he had disclosed his relation to the girl at the outset to the police. But this was not recorded in the complaint by the Jammu & Kashmir Police.
Defence’s claims that the foster father hid this “crucial piece of information” have cut little ice with the court. It observed that this was of little significance to the trial since it was not a dispute over adoption but a trial of gang rape and murder of an eight-year-old.
During cross-examination, the defence also made him field a volley of questions over the adoption procedure under Islam. While he claimed that the girl was adopted in the presence of witnesses after going through all the ceremonies of adoption required under Islam, the defence raised questions over it.
The defence also questioned the foster father about the date of birth of the girl. To this, he replied that such things were not recorded by them and that he did not even know his own date of birth.
The prosecution rubbished the claims made by a section of the people that the victim’s biological parents had died two years ago

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