Defense counsel initiates final arguments

Srinagar, Publish Date: Mar 21 2017 12:57AM | Updated Date: Mar 21 2017 12:57AM

Defense counsel on Monday initiated final arguments before Principal District and Sessions Judge Srinagar, Rashid Ali Dar, in Romana hit and run case. 

Advocate Mushtaq Ahmad Dar, defense counsel for accused Shoiab Dariyal, pleaded that the prosecution has “produced police obliged witness before the court.”

He further pleaded that another prosecution witnesses had identified his client (accused) during investigation and later on, during the trial of case before court. “The accused had not been identified in the due course of law as it was required under law,” he pleaded while quoting various provisions of the law.

He also raised question over the “two chit story of the prosecution” and submitted that one of the prosecution witnesses had, in cross examination before the court, said that she was not given any chit (by the accused).

Continuing his verbal arguments, he pleaded that handwriting identification on the chits was done executive magistrate, adding, “No law empowers the executive magistrate to conduct any such identification.”

The final arguments which were initiated by defense counsel today, is yet to be completed.

Advocate Dar pleaded before court that he may be granted permission to submit final arguments also in writing before the court, to which court granted the permission. The case was listed on March 24, this year, for next hearing. The special prosecutor, AA Teli represents the state in this case. 

Shoaib Dariyal, a resident of Nowhatta, who is the main accused in the case, was produced before the court for today’s hearing. He is lodged in Central Jail Srinagar since his arrest. 

The other accused in the case Ubaid Ahmed Khan is out of jail on bail and has been exempted from personal appearance in the court.

On May 3, 2009, Romana, daughter of Dr Javed Shabnum of Bagh-i-Mehtab was crushed to death by a speeding car driven by the accused duo at Parraypora locality. She was studying at a tuition center in the area when the homicide took place.

During investigations into the case, police arrested two teenagers in the case and also seized the Alto-car used in the crime. The accused were charged for murder under section 302, 294, 201 and 34 of RPC and the charges were framed against them on March 13, 2010.

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