by BS Murthy
As the father and the son couldn't take their eyes off each other, the crowd could discern the pathos of the former and the agony of the latter. In vain, Suresh's eyes sought for Sneha, and Gautam's gaze seemed to solicit an understanding on her behalf. Before Gautam could gesticulate to his son to relax, Justice Choudhary entered the arena to take her exalted seat. Even as the assembly rose to a man to fulfill the norm, Suresh bowed to her as though to his destiny. As the Justice took the chair, Pradeep Paranjape, the Public Prosecutor, got up to present the case of the prosecution.
Having received her nod, Paranjape was unequivocal in his eloquent condemnation of the accused.
"M s. J ustice, this is an open and shut case of kidnap, rape and murder, committed by the accused, Mr. Suresh Prabhu, the vagabond son of the formidable Mr. Gautam Prabhu. In this regard, I would like to draw the attention of this court to the F.I.R No. 420/1974 of the South Extension police station, New Delhi. The written complaint of M r. Saurav Swaroop, the father of Ms. Shanti Swaroop, the murdered woman, is enclosed with the F.I.R.
M s. Justice might peruse from the Exhibit No. I that at 10 PM on 31 December 1974, Mr. Saurav Swaroop went to the police station to lodge a 'missing person' complaint regarding the disappearance of his nineteen-year-old daughter Ms. Shanti. In the said complaint received by Mr. Pramod Rawal, the Station House Officer, Mr. Swaroop had
clearly stated that his daughter, Ms. Shanti, habitually returns home by seven in the evening. But on that fateful day, she failed to reach home even by nine. When he failed to trace her at any of the likely places, he feared for her life at the worst and harm to her limb at the least. Then, he went to the said police station to lodge a 'missing person' complaint. A worried father that he was, Mr. Swaroop sought the intervention of the police to help trace his daughter. Considering the gravity of the law-and-order problem in our lawless metropolis, the police went on overdrive to find out Shanti's whereabouts.
Past ten that night, a patrol party at Mehrauli noticed a speeding Mercedes, and signaled the driver to stop. When the car came to a screeching halt, they found a dazed youth at the wheel sounding incoherent on questioning. When the police resorted to a routine check, in the back seat they saw a young woman in the sleeping posture. As the lad who identified himself as Suresh Prabhu, s/o. M r. Gautam Prabhu, failed to explain what was wrong with his companion, the police naturally got suspicious. Upon his questioning, as the matter got curiouser and curiouser, the police tried to wake up the girl to ascertain the situation. It was then that they realized they had to contend with a murder case, and detained the indicted as the prime suspect.
When Pramod Rawal, the SHO of the SE-PS, reached the place, he found that the deceased resembled the girl in the photograph left behind by M r. Swaroop. Thereafter, the police acted as per the laid down procedures when Mr. Suresh Prabhu was apprehended and the M ercedes with the body was moved to the SE-PS. Losing no time, the SHO sent for M r. Swaroop for identifying the body. As feared, M r. Swaroop readily identified the dead girl as his daughter, Ms. Shanti. In the meantime, the indicted too made a clean breast of himself confessing that it was he who had raped and murdered her. He also owned up his culpability in kidnapping her that very evening. The confessional statement of the accused and the related documents form Exhibit No. II.
Ms. Justice may please peruse Exhibit No. Ill containing the forensic reports that conclusively prove that the accused had assaulted and raped M s. Shanti. That the semen of the indicted was the same as that which was swabbed from the victim's vagina would prove the incidence of penetration. That it was not a case of voluntary surrender on the part of the deceased to the accused is proved by the fact that the former was badly bruised. All this would establish beyond reasonable doubt that the victim resisted the indicted’s molestation bid before she succumbed to him against her will.
And the accused's guilt in the murder of M s. Shanti is borne out by Exhibit No. IV. The post-mortem report adduces that Ms. Shanti's death was caused by strangulation at around 09 PM on 31 December 1974, i.e. an hour or so before the indicted was apprehended carrying her corpse in his car. Hence, the forensic proof of his raping her and the circumstantial evidence of his murdering her that would incontrovertibly corroborate with the confessional statement made out in his own hand of his own volition.
Thus, M s. Justice, the detainment of the indicted with the victim's body, the forensic reports confirming his violation of the victim, his confessional statement owing up his guilt in the kidnap, rape and murder of the deceased besides the corroborative evidences of his involvement in these crimes, together establish the culpability of the accused, Mr. Suresh Prabhu in the kidnap, rape and murder of Ms. Shanti Swaroop on 31 December 1974.
It is submitted that it is the case of the prosecution that the guilt of the indicted is proved without an iota of doubt, which is by far a better proposition than the dictum of beyond reasonable doubt. Taking cognizance of these premeditated offences by a spoilt brat, the court may deem it fit to convict the indicted and award him an exemplary
punishment. It is only thus the society could be ridden of the menace posed by this habitual offender who is a criminal by his very instincts. If ever set free, given his savage mindset, he's bound to be a scourge to the fair sex. Ms. Justice would agree that it in itself would be a miscarriage of justice, which the court would like to avoid. That's all Ms. Justice."
As tutored, Suresh had pleaded not guilty and accused the police of extracting the confession under the third degree. For better effect, he repeated the concocted story that M ehrotra had helped him memorize at Tihar. As Shanti's father too went with the indicted, and maintained that his complaint to the police was made under duress, the case of the prosecution seemed to collapse. As though to drive home the last nail in the prosecution coffin, M ehrotra got up triumphantly to sum up the inviolability of the defense's position.
"M s. J ustice, the averment of the victim's father before this honorable court that she was all set to be betrothed to the indicted should be noted. Does it not give lie to the prosecution's accusation of rape in the first place? Besides, it is preposterous for any to suggest that the indicted murdered his own beloved, that too hours before they were to be betrothed! It is submitted to this honorable court that there was no motive whatever for the indicted to murder the deceased.
Though the forensic report confirms the victim's death by strangulation, it is worth noting that it did not indicate any hand of the indicted in it. This aspect of the murder alone would lend credence to the averment of the indicted that it was the handiwork of some unknown miscreants. On the contrary, it exposes the shallowness of the prosecution that seeks to condemn an innocent youth caught in the vortex of business rivalries. When it comes to the bruises on the victim's body, decency demands one wouldn't probe them any further.
As we all know, M r. Gautam Prabhu, the father of the indicted, is a leading light of New Delhi. It is a common knowledge that he was in line to get the coveted nomination to the Rajya Sabha. The sordid episode of M s. Shanti Swaroop's murder was a product of a diabolical conspiracy of M r. Gautam Prabhu's detractors out to hurt him politically and otherwise too. In the prevailing cynicism, how does it matter if hitting the opponent below the belt involves the murder of a young girl and foisting the crime on her lover? And the way the yellow journalism targeted the indicted's mother for no fault of hers save her God given charm! Won't that make one wonder whether it's a curse to be born a beautiful woman? Well, who suffers from qualms anymore these days in besmirching the fair name of a spirited woman, if only to make her man bite the political dust?"
M ehrotra paused to let the woman in the judge develop empathy for the indicted's tarnished mother.
"Ms. Justice would appreciate how all this might affect the psyche of the unfortunate son," said M ehrotra resuming his argument. "On top of it was the trial by the media, conducted by the plants of the conspirators in the fourth estate. Hadn't the indicted stood condemned already? And sadly
, the reputation of an elite family was callously colored with infamy. It is a travesty of justice that Mr. Gautam Prabhu's adversaries achieved what they wanted. Why, his political career lay shattered and his personal image got tattered. Now it is left to this honorable court at least to salvage the indicted's honor by setting him free forthwith."
As though riding a tide and carried away by his own rhetoric, the redoubtable M ehrotra took on the law enforcing agencies in the same breath.
"The right thinking people ought to condemn the shady role the police played in this sordid episode," thundered M ehrotra. "Their lazy surmises are being thrust upon this
honorable court as the results of a painstaking investigation. No civilized society should feel safe under such a bunch of the custodians of law who subserve their conscience to the dictates of the powers that be to implicate the innocent. Having failed to apprehend the culprits who murdered Ms. Shanti Swaroop or out to protect the authors of the heinous crime, the police have given the color of rape to consensual sex between two teenage lovers on the verge marriage.
And the police, to either save their skin or to serve their political masters and/or both, shamelessly made the indicted, the victim of the tragedy, as the villain of the piece in this in this case. Whither went the conscience when he who had the misfortune to witness the murder of his beloved was pictured as the perpetrator of the crime itself? Thus, Ms. Justice, I implore upon this honorable court to dismiss this fabricated case foisted upon the indicted with the contempt that it deserves. M s. J ustice may deem it fit to set M r. Suresh Prabhu free with due honor so that he could lead as dignified a life as possible under the circumstances."
Bowing to the judge, Mehrotra had a supercilious stare at the dumbfounded Paranjape. And then to the welcome gesture of a grateful Gautam and the muted congratulations of his own juniors, he strolled like a colossus to take his seat. When Gautam looked at Suresh with relief, the latter was confounded with mixed feelings. Though elated at the prospect of an acquittal, Suresh was uneasy that he and others had to lie under oath for his reprieve. At the same time, Paranjape's shoulders drooped, suggesting that he was out of depth to press for a conviction. As though the despair of the prosecution got spread in the courtroom, it was filled with murmurs of an inevitable acquittal. As the press-wallahs were excited about the twist that the case took for bettering their copy, there came a turn to the proceedings from an unexpected quarter.
In that state of willing suspension of disbelief, no one took note of a burka-clad woman from the back row going near the sulking Paranjape. When she handed over some paper to the public prosecutor, the gathering stood up as one man to see what was on hand. As Paranjape poured over her note, the crowd whispered in wonderment whether it had anything to do with the trial on hand. Noticing the nuances in his demeanor at every turn, the gathering got expectant and waited with bated breath.
When an elated Paranjape jumped up to the judge to confabulate with her, even Gautam felt nervous fearing the import of the intruder on the trial. As Paranjape confabulated with Her Ladyship, from his body language Mehrotra sensed that the stranger could spell trouble to the defense. And, Suresh too had a premonition that the woman could be one of his victims who had come to testify against him.
Justice Ms. Sumitra Choudhary adjourned the hearing to the post-lunch session that flummoxed the defense team and mystified the gathering. When Paranjape led the stranger to the court chamber, Suresh envisioned his being led to the gallows. And it was conjecture all around about the relevance of the intruder to the case on trial that she could be an eyewitness to the crime who waited in the wings till the very end. That the trend of the trial indicated an acquittal, she might have decided to stop the tide for the cause of justice, so felt some. Thus, the expected drama of the post-lunch session whetted the appetite of the public to the hilt. But, as things turned out, the gathering had to leave the courtroom without satiation.
Chapter 5 Trial in Camera
With Paranjape's plea for a trial in camera began the post-lunch proceedings in the Judge's chambers. He averred that the witness was entailed to have her identity as well as her deposition kept by the court away from the public. After all, he said, on her own,
the witness had come forward to help the cause of justice and thus serve the public interest. Besides, he alerted the court about the delicate nature of her testimony and the likely embarrassment the cross-examination could cause her. Having considered Paranjape's pleas on merits and as Mehrotra had no precedents to quote against to poke his nose; Justice Sumitra began the hearing in her chambers. Though the trial commenced soon enough, that seemed an eternity to the accused.
When the stage was set for Paranjape to take the floor, he ordained the witness to remove her burka. While Mehrotra tried to size up the young woman who emerged from the veil, Paranjape tried to map the nuances of Suresh's demeanor.
"Don't you know who she is?" Paranjape asked Suresh.
"Objection Ms. Justice," roared Mehrotra from his seat. "If she's to further the prosecution, the indicted has a right to know who she is and not the other way round.”
"Ms. Justice," said Paranjape spiritedly, "the interests of justice would suffer if the objection is sustained."
"You may proceed," said J ustice Sumitra.
"Have you ever met her before?" Paranjape asked Suresh menacingly.
Having realized the import of her appearance, Suresh was flabbergasted beyond belief. Besides, he had no brief from M ehrotra either to tackle the ticklish tangle.
"Why not recall the road accident," Paranjape seemed to prompt Suresh, "in which you nearly got killed?"
"Oh, God, what a turn,” blurted out Suresh in spite of himself.
"Now you may make your statement," Paranjape triumphantly turned to the eager woman.
"I have a few questions for her," said Mehrotra to Justice Sumitra.
"You may proceed."
"What's your name?" asked M ehrotra hoping to catch the witness off guard.
"Don't I have the court's permission to keep it for myself?"
"Well, where do you live?" M ehrotra asked the woman. "I hope you would part with that information at least."
"It's in New Delhi."
"How long have you been living here?"
"Maybe, since I was born."
"When were you born?" asked Mehrotra and added turning to Paranjape. "Excuse me for wanting to know the age of your witness, a woman at that."
"The question is irrelevant, Ms.Justice," said Paranjape in objection.
"Objection sustained," said M s. Justice.
"How far away is your house from the Defense Colony?" resumed M ehrotra.
"It's as far as from Saket."
"Isn't it possible that the indicted should've seen you in some mall or at the cinema in the recent past?"
"It's quite possible."
"Given your compelling beauty," continued Mehrotra, "couldn't he have retained your visage?"
"Objection, Ms. Justice!" said Paranjape. "She needn't speculate about the proclivities of the accused."
"Objection sustained," ruled Justice Sumitra.
"That's all, M s. J ustice," M ehrotra made his bow.
"Bring the witness under oath," the Judge ordered the daftari.
"I would tell the truth and nothing else but truth," said the woman holding the Bhagvad Gita in her hand, "an untrammeled truth for an untainted justice."
"You may depose before this court," the J ustice gave the green signal to the woman's damaging testimony.
"That evening, on 01 December 1974,1 was walking by the pavement at Saket. When I sensed that a car came to a halt behind me, I instinctively turned back. He (she pointed her index finger at Suresh and found him colorless) yelled 'Excuse Me' from the driving seat. When I looked at him questioningly, he got down from a Mercedes and said he wanted my help in locating an address in the locality. Without a word he gave me a slip of paper with an illegibly scribbled address in a tiny handwriting. I stared a
t it long and hard to figure out the matter only to feel giddy and to be led by him into his car. It's clear that he would have smeared the note with some chloroform and the illegible writing in tiny letters was a ruse to make me take a closer look at it.
As he drove the car into the portico of a bungalow, I regained my consciousness but failed to gather my wits. I was still disoriented when he led me into a room and tried to disrobe me. The shock of it brought me back to my senses, and I resisted him all the way. Oh how, I pleaded with him to spare me since I was already engaged and that my wedding was round the corner. When he overpowered me at last, I begged him to leave me alone as I was having my periods then. But still he molested me bestially. As he savaged me like a brute, I ravaged him with my nails. When I cried shocked and shamed, he warned me not to report to the police.
"When he was driving me back to the city I realized we were in Mehrauli. As I sobbed all the way inconsolably, he began boasting about his exploits and foulmouthed women no end. Oh, how sickening it was to hear him say that while the poor husbands prop them up domestically, they let their lovers satiate their lust! After all, it was in the dubious nature of women to lead a double life. Being coy with her man, isn't woman eager to be vulgar with her lover? Why, aren't women ever ready for a lay with as many whatever it takes! What hypocrisy, being whorish in their lovers arms, women pretend to be boorish in their nuptial bed? Why, it was a time-tested female tactic to befool husbands by shrouding their amour from them.”
As reciting his callous talk left a bad taste in her mouth, she drank some water before recapping his further bluster thus— rape, my foot, isn't it sex by default? What a fuss as man but tends women to get laid! Bet if they are not on the lookout for one-night stands with all and sundry, day and night that is. And yet they feign indifference if courted! Why not, they want to be pushed into the act for them to give in with an air of injured innocence. If only man were to press on, asking him to spare them, won't they crave for him at their core? Oh, how they push for the climax faking resistance! It was in a woman's nature to sham shame, gloating over her good fortune of getting laid. Well, he was no fool to take them at their words. Why does he appear to be one? Privy to their proclivities, won't he brush aside their pro-forma objections? Won't he give them