KOCHI: Kerala High Court on Thursday issued notices to AICC general secretary K C Venugopal, MP, and the CBI on a petition filed by the victim in the rape case related to solar scam.
While admitting the petition, Justice C S Dias said that legal points raised by the petitioner regarding the procedure adopted by the magistrate court needed a detailed hearing.
The CBI had filed a closure report citing lack of evidence to support the allegations of rape, and the Thiruvananthapuram Chief Judicial Magistrate Court accepted it.
The counsel for the petitioner argued that the CJM was in a hurry to accept the CBI report and dismiss the protest petition filed by the victim. The court even failed to comply with the procedures to be followed while considering a protest petition. The CJM overlooked the settled principles of law on the procedure to be adopted while dealing with refer reports and protest petitions. It is impermissible in law to dismiss a protest petition without examining the complainant and its witnesses on oath.
The petitioner alleged that the CBI has not conducted any investigation based on scientific evidence. It has not collected call data records and the tower location of the accused. These materials, if collected, would suggest that the accused was at the place of occurrence on the relevant day and time of the crime. The report filed by the CBI is nothing but an absolute abuse of its authority.
The circumstances and surroundings in which the crime was committed upon the victim are substantiated by the statements of many of the witnesses.
Many of the documents collected by the investigating agency would prove that the case of the victim is a genuine one.