CLOSING ARGUMENT – DEFENCE

1 - BARTY JUNIOR –

CHARACTER-

CREDIBILITY

PROCEDURE-

2- SUSHANT GAIKWAD

CHARACTER

CREDIBILITY

PROCEDURE

3 – SITA RAGHUVANSHI

CHARACTER

CREDIBILITY

PROCEDURE

4 – PRANJAL MISHRA

CHARACTER
CREDIBILITY

PROCEDURE

5 – KIRAN DESAI

CHARACTER-

CREDIBILITY

PROCEDURE

Your lordship this whole investigation is cooked up story made

exclusively by the police to falsely implicate my clients Kishu Rado and
Maa Leila. True that the prosecution has an advantage in the NDPS Act
in the sense that they don’t have to prove culpable mental state. But,
they do have to prove actus reus beyond reasonable doubt. The case of
the prosecution cannot rely on a weak defence, and sadly your
lordship, they have tried to do only that today. The story of the
witnesses brought on record by the prosecution was full of gaping holes
and contradictions. The investigation led by the I.O., Kiran Desai , is a
sham and full of non compliance of essential requirements required by
the government and the judicial pronouncements. Apart from that , it
seems that they have deliberately tried to hide the paperwork in an
attempt to mislead the court into convicting two innocent suspects.
This false, malicious and laughable story does not have any ground to
stand on.

Your lordship, the presumption of guilty mental state is used in TADA

also. The conviction sought out by the prosecution, if realized, will be
worth 20 years or more of jail time. Such a harsh punishment is being
sought in a case where the evidence amounts to zero, the prosecution
witnesses have contradicted each other, the story of the approver has
not been corroborated nor has his statement to be an approver been
filed or sought, the story of the defence has been corroborated, the
facts of the case conclusively prove that only explanation can be drawn
from it . The list of anomalies on the part of the prosecution is endless
your lordship and they have made a mockery out of the legal system of
India.