This Article is From Dec 06, 2010

Prosecution threatens to boycott nun rape case trial

Cuttack: The trial of the Kandhamal nun rape case at a court here took a new turn today as all three prosecution (crime branch) lawyers decided not to conduct the case henceforth for the state government's "indifferent" attitude in deciding their fees.

"The quantum of fees approved by the government for us is highly inadequate and moreover, the government is making inordinate delay in payments," alleged one of the engaged lawyers in the case.

While Laxmidhar Mishra, a senior advocate, was appointed as special public prosecutor in the case, Sangam Sahu and Akhaya Naik were named to assist him.

A daily remuneration of Rs 3500 per appearance for the public prosecutor and Rs 1400 each for the associates were fixed by the government. Besides, the public prosecutor was to get Rs 3000 for each three hours of consultancy and another Rs 2000 per month as retainer fee.

Similarly, associates were to get Rs 1000 as consultancy fee for each 3 hours and a monthly retainer of Rs 1000 each.

"Although, we agreed with this fee structure under protest, government failed in making payment to us in time," said an associate adding that after much persuasion, truncated payments for July and August were released only recently.

Prosecution lawyers informed about their decision to the Cuttack district sessions judge B K Mishra today and have threatened that if their payments as agreed are not paid immediately, they would not conduct the case henceforth.

However, today, a prosecution witness, the doctor, who examined the nun for the first time after she was allegedly raped on August 25, 2008 was recalled for cross-examination by the defence counsel.

Sangita Mishra during her cross examination told the court that no blood or semen stains were found in the clothes of the nun when she was examined by her. She also told the court that she had not mentioned in her report about the place of occurrence of the alleged rape incident.

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