JAIPUR: It took 32 years for the six accused persons in the Ajmer blackmail and rape case to be sentenced to life in prison on Tuesday because each time an accused in the infamous case surrendered or was arrested, trial was suspended and proceedings had to begin from scratch. The reason: Defence lawyers demanded their right to cross-examine prosecution witnesses.
“Nafees Chisty and Naseem Chisty, alias Tarzan, were arrested in 2003.Iqbal Bhati was arrested in 2005, Saleem Chisty and Jameer Husain in 2012, and Sohail Gani in 2018,” said additional director, prosecution, Virendra Singh Rathore.
The staggered arrests meant the trial against Nafees and Naseem, which began in 2003, was halted when Bhati was arrested in 2005. All witnesses who testified for the accused arrested in 2003 also had to be recalled for cross-examination. In the interim, one accused approached the HC, leading to files being sent for examination and delaying the trial further.
This was not the only time that delayed justice for the blackmail and rape survivors. Shortly after resumption of trial, Saleem Chisty and Jameer Husain were arrested in 2012. This resulted in the trial against the three already arrested to be suspended once again. This time Saleem and Jameer demanded their right to cross-examine prosecution witnesses.
It was the same story in 2018. Sohail Gani’s arrest hit the pause button on the trial once again. In the mean time, more accused got bail as trials were suspended and one rape survivor after another began turning hostile.
“Police recorded the statements of over 30 rape survivors, but most turned hostile. Conviction was based on the testimonies of only three survivors,” Rathore said.
The trial against all accused persons finally began in 2018, and by 2020, when Rathore was appointed, his biggest challenge was to convince survivors, now settled in different parts of the country, to respond to summons and testify.
With 18 accused involved in the case, 12 were awarded life sentences by a trial court in 1998; this sentence was commuted to 12 years in jail by the Rajasthan HC. In 2001, no progress in the trial led even to the acquittal of four accused. When the matter went to SC in 2001, the court further reduced their sentences to 10 years. In the interim, while one accused committed suicide, another escaped while on parole.
“Nafees Chisty and Naseem Chisty, alias Tarzan, were arrested in 2003.Iqbal Bhati was arrested in 2005, Saleem Chisty and Jameer Husain in 2012, and Sohail Gani in 2018,” said additional director, prosecution, Virendra Singh Rathore.
The staggered arrests meant the trial against Nafees and Naseem, which began in 2003, was halted when Bhati was arrested in 2005. All witnesses who testified for the accused arrested in 2003 also had to be recalled for cross-examination. In the interim, one accused approached the HC, leading to files being sent for examination and delaying the trial further.
This was not the only time that delayed justice for the blackmail and rape survivors. Shortly after resumption of trial, Saleem Chisty and Jameer Husain were arrested in 2012. This resulted in the trial against the three already arrested to be suspended once again. This time Saleem and Jameer demanded their right to cross-examine prosecution witnesses.
It was the same story in 2018. Sohail Gani’s arrest hit the pause button on the trial once again. In the mean time, more accused got bail as trials were suspended and one rape survivor after another began turning hostile.
“Police recorded the statements of over 30 rape survivors, but most turned hostile. Conviction was based on the testimonies of only three survivors,” Rathore said.
The trial against all accused persons finally began in 2018, and by 2020, when Rathore was appointed, his biggest challenge was to convince survivors, now settled in different parts of the country, to respond to summons and testify.
With 18 accused involved in the case, 12 were awarded life sentences by a trial court in 1998; this sentence was commuted to 12 years in jail by the Rajasthan HC. In 2001, no progress in the trial led even to the acquittal of four accused. When the matter went to SC in 2001, the court further reduced their sentences to 10 years. In the interim, while one accused committed suicide, another escaped while on parole.