Thus, Ms. 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 Mehrotra 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, Mehrotra got up triumphantly to sum up the inviolability of the defense’s position.
“Ms. Justice, 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.