Mattoo's rape | Accused refutes charge
Santosh Kumar tells HC even the DNA report was not accepted by trial court.india Updated: Sep 14, 2006 23:17 IST
Santosh Kumar Singh on Thursday refuted before the Delhi High Court the charge of committing rape on Priyadarshni Mattoo saying that even the DNA report in this regard was not accepted by the trial court which acquitted him in the rape-cum-murder case.
Countering CBI's contention that the accused had raped the victim before killing her, Singh's counsel RK Naseem told a Bench of Justices RS Sodhi and PK Bhasin that though the agency had relied on the CFSL report that the DNA sample of the stains drawn from the victim's cloth had matched with the accused, it was not accepted by the trial court.
"I am justifying the conclusion of trial judge," Naseem said and added that "the findings of the trial court judge so far as DNA test report of the accused is concern was correct".
He was apparently referring to the trial court judgement in which the judge had disbelieved the DNA report on the ground that CBI had not followed the principle required for conducting the test.
The counsel said besides murder, to prove the charge of rape also, CBI had left no stone unturned to falsely implicate Singh in the case.
To impress the court, he accused CBI of tampering with the evidence in this regard compared the post mortem report with the DNA report of the CFSL.
According to the post mortem report the cloths which Mattoo was wearing, including her undergarments were intact and the report did not say about any semen stain on her underwear, he claimed.
However, when the same garments were sent to the CFSL test, the experts found the undergarment with a semen stain, the counsel alleged.