On 6th August 2007 an application was moved on behalf of accused that the prosecution should not be allowed to reargue the case on facts and it should confine its arguments in rebuttal to the legal issues only but subject to permission of the Court. This application was argued on 9th August, 2007 by the Advocates for both the sides in light of Section 234 of the Cr PC. The learned judge after hearing the arguments reserved the decision on the said application and orally allowed the Public Prosecutor to start arguments on legal points.
The public prosecutor opened his arguments and started reading the documents. Despite being objected to by the counsels for the accused the Public Prosecutor continued to refer to the documents and argued the case on facts.
The public prosecutor also referred to a judgment which was passed by the High Court in revision filed by the accused against the charges framed. This judgment is totally irrelevant and the observations made therein have no bearing at the stage of final arguments of a Sessions trial.
In the result the prosecution is being allowed to continue its arguments in breach of the mandatory provisions contained in Cr. PC
In any case, the reiteration of the documents contents by the prosecution – have all been systematically refuted by way of evidences and proofs by defense lawyers in the past weeks. All the prosecution points were demonstrated as being baseless.
