Mumbai: A special court in Mumbai today (Oct 8, 2004) asked the CBI to provide the accused with a copy of Bilkis Bano's original statement to Gujarat police as the defence counsel pleaded that they wanted to rely on that statement during the trial.

The CBI, which later recorded a fresh statement from Bilkis, had opposed the defence request saying that it (CBI) had not relied upon the earlier statement and thus it was not bound to give the copy of statement to defence.

Special judge U D Salvi, conducting the Bilkis Yakoob gangrape-cum massacre case trial, also asked CBI to hand over a copy of video tape that that shows the site of the incident.

The CBI has prepared the tape to explain the court why it has a small list of witnesses in the case. The area in question is very remote and isolated.

The court, which was expected to frame charges today, has now kept the matter for October 16 for handing over of the documents and the tape.

Defence counsel G G Solanki has moved applications for some more documents which he claims he would need during the trial. Solanki, in his application, said that though the prosecution was not relying upon these documents, he needed them as the documents are important.

The application states that there is a possibility of tampering with the documents. The CBI is expected to argue the matter on the next hearing.

The trial, which was shifted to Maharashtra from Gujarat on the Supreme Court orders, was today held at City Civil and Sessions court in South Mumbai instead of Mazgaon court where it was being conducted earlier.

On March 1, 2002, six-month pregnant Bilkis Bano was allegedly gang-raped and her relatives were killed by a violent crowd during post-Godhra riots in Dahod district of Gujarat.

On August 6, the Supreme Court transferred the trial to Maharashtra following apprehension raised by Bilkis Bano, the sole survivor of the massacre, that the witnesses and CBI, which is probing the case, would come under harm in Gujarat.

In December last year, the apex court asked CBI to investigate the case after NGOs approached the court.

The CBI unearthed a mass grave of five bodies, including a boy, in Devgadh Baria of Dahod following which arrests were made. It is alleged that accused put 60 kgs of salt in the graves to make the bodies decompose faster.