THIRUVANANTHAPURAM: Greater than 28 years after Sister Abhaya was mysteriously discovered useless, the CBI Particular Courtroom right here will pronounce its verdict within the sensational case on December 22. The physique of the 18-year-old nun was discovered within the properly of Pious Xth Convent in Kottayam in 1992.
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The CBI staff that later investigated the case reached the conclusion that Abhaya was murdered by monks Thomas Kottoor, Jose Puthrukayil and Sister Sefi. {The teenager} occurred to see the accused in a compromising place and was got rid of as they had been afraid she would possibly spill the beans, the CBI probe had revealed. Fr Jose was later acquitted by the Supreme Courtroom for need of proof.
The arguments of each the perimeters had been wrapped up on the CBI courtroom right here on Thursday. The trial had began final August.
Repeat a lie a thousand times and it becomes the truth” – this had been the secret of the Nazi propaganda technique.
But here it’s practised to its perfection! Justice K.HEMA of Kerala High Court
in her Order reg. Bail Appl. Nos. 7311, 7508 & 7551 of 2008 dated 01/01/2009 had made these stunning observations ( source : https://indiankanoon.org/doc/1483643/ ) on how crooked attempts were made for character assassination of Sr. Sephy!😭 A report dated 12. 06. 2003 by Dr. Mukundan on Brain Fingerprinting investigation reveals that several individuals were subjected to Brain Fingerprinting Investigation at the National Institute of Mental Health and Nuero Sciences, Bangalore, in relation with the death of Sr.Abhaya on 27.3.1992. They include the accused and various other suspects also.
52. The report shows that the second and third accused were tested with probes suggesting direct involvement in the death of Sr.Abhaya and it is reported that they “have not shown any brain activation pattern supporting experimental knowledge of such an act”. Learned counsel for the accused also pointed out that this fact was taken note of by the CBI itself and it is stated in the final report dated 25.8.2005 submitted by Sri.R.R.Sahay, Additional Superintendent of Police. The relevant portion from the said report is as follows:
“Regarding the three suspects Sanju P.Mathew, Sr.Sephy and Fr.Poothrikkayil for probe of direct involvement in the death of Sr.Abhaya NIMHANS has reported that they did not show any brain activation pattern supporting experimental knowledge of such an act.”
53. That means, the Brain Fingerprinting investigation report negatives the experience of second and third accused in the alleged murder of of Sr. Abhaya and their involvement in the murder and this fact is accepted also by CBI. It is not understood why arguments are still, advanced contrary to the scientific reports and the reports submitted by CBI itself that those reports prove involvement of accused in murder. (The polygraph tests also gave negative reports regarding their [B.A.7311,7508 & 7551/08] 31 involvement in alleged murder).
54. Narco Analysis Report and CD: Learned Standing Counsel for CBI argued that Narco Analysis Report is admissible in evidence under Section 21 of the Evidence Act. He placed reliance upon the decision reported in Chandran v. State of Kerala (1987(1) KLT 391), wherein it is held that an admission made to a doctor is admissible in evidence. It was strongly argued that the materials in the CDs themselves reveal guilt of the accused. I am not going into the question whether report on Narco Analysis is admissible or not , since it is unnecessary for disposal of the bail applications at hand. I have very closely watched the four compact discs made available to me which contain the videograph of the Narco Analysis of the three accused. Three independent CDs each of which contained the analysis of the petitioners and another single CD which contained three files each relating to the three petitioners were produced for perusal. Those are stated to be prepared by Dr.Malini, NIMHANS, Bangalore.
55. Three independent CDs which were produced before me are stated to be received directly from the Forensic Laboratory, Bangalore. A comparison of those CDs with the other single CD (containing the three files in one CD) reveals that all the CDs are not only edited but manipulated also. According to me, in all probabilities, those are edited and manipulated at the Forensic Science Laboratory itself, by the person or persons who were doing the analysis.
[B.A.7311,7508 & 7551/08] 32
56. The editing is clearly visible to the naked eye and to find out the evident editing even an expert may not be necessary. I could not find even a single CD which is unedited. I am not prepared to place any reliance upon the contents of the CDs on Narco Analysis or the reports submitted by Dr.Malini, for the reasons stated above. I have no doubt that if reliance is placed on the CDs made available to this court, the court and the investigator will go wrong in making conclusions. I am making these observations because the court is entitled to monitor investigation, as held in Sakiri Vasu V State of Utter Pradesh and others (2008)2 SCC 409). Therefore, it is necessary that the investigator takes all steps necessary to retrieve the unedited original video containing Narco Analysis of all the accused, before he proceeds any further to act upon those CDs. I have no doubt that the edited and manipulated CDs and report on Narco Analysis by Dr.Malini may mislead the investigation.