Sr Abhaya case: HC dismisses pleas

KOCHI: The Kerala High Court on Monday dismissed the petitions filed by R Geetha, Chief Chemical Examiner of Chemical Examiners Laboratory, Thiruvananthapuram, and Joint Chemical examiner M Chithra challenging the  order of Chief Judicial Magistrate Court, Thiruvananthapuram on framing of charges against them, in the case related to the alleged correction in the work book, that included the examination result of  the internal organs of  Sr Abhaya.“I (the court) find no impropriety in the order passed by the magistrate on the basis of the evidence to proceed against the accused and to frame charges,” Justice S S Satheesachandran held.The judge added that it will be inappropriate to draw an opinion or even an interference in the case.  The court observed that forgery of records or registers, and cheating or   misappropriation even if it  were done by a public  servant could be treated as  answerable.  The examination of the internal organs of Sr Abhaya was conducted at the Chemical Analysis Lab, Thiruvananthapuram, in 1992.  The prosecution case is that the accused pursuant to the criminal conspiracy hatched with the accused involved in the murder of Sr Abahaya, and also some influential political leaders and senior police officers in the Police Head Quarters who were interested in screening such accused, had forged the entries in the records of  the lab.  They erased the previous entries recorded.  After the allegation the magistrate court had sent the work book to the forensic lab, Hyderabad.  Then the lab submitted report with photograph, indicating that correction had been made after erasing previous entries.  “The magistrate has not considered the question relates to prosecution sanction under Section 197 of  CrPC. The Central Bureau of Investigation has no case that Sr Abhaya was subject to any sexual intercourse before her death,” the  petitioners submitted.  The court then observed that the act done by the accused though were done as public servants, if it  constitutes criminal acts, no doubt that they cannot claim protection under  Section 197.  R Geetha and M Chithra of the Chemical Examiners Laboratory had been suspended from service after the court findings.