CHANDIGARH: The Defense counsel in the case of the alleged molestation of French national Katia Pascale Francoise has claimed that the identification parade that had been conducted was illegal.
In a reply filed in the court of chief judicial magistrate Shekhar Dhawan defense counsel Balram Singh opposed summoning of Mr. M.S. Lobana, the then sessions judge, and Mr. Inderjit Singh Sandhu, the then magistrate test identification parade.
The accused Gurkirat Singh, grandson of former Chief Minister Beant Singh, and six others appeared in the court last week. However, the case ‘was adjourned to February 16.
Mr. Singh said that the parade was held “illegally and not in accordance with the law. That is why; the High Court had refused to hand over the Copy of the TIP report to the investigating officer.”
The high Court was of the view part of the investigating officer’s re~ port under Section 173 CrPc,” Mr. Singh said.
Ms. Katia and her friend Philip had been abducted by the accused from Mohali town on the night of August 31, 1994, and later she was allegedly molested.
‘The court of the CJM, has also sent summons to Ms. Katia and her friend Philip, currently in France, to appear in the court on February 16 for giving evidence, but they are unlikely to Demanding dismissal of prosecution’s plea to summon Mr, Lobana and Mr, Sandhu, Mr. Singh said, that it would “highly prejudice the defense,” and it would tantamount to “filing up lacunae in the prosecution case which is not warranted by law.”
The High Court had asked the CIM to complete the trial of the case within six months, but the deadline expired in December last year.
Article extracted from this publication >> February 14, 1996
