Tuesday, February 8 2005 17:23 Hrs (IST) - World Time -

Mumbai: A special court today (Feb 8, 2005) deferred till February 21 the Bilkis Bano gangrape-cum-massacre case after defence lawyers sought time to prepare for the in-camera trial, even as prime witness Bilkis Bano did not appear despite court summons.

Defence lawyer R K Shah sought time till February 21 to study the case of accused Dr Sangeeta Prasad who has been found medically fit to stand trial.

Earlier, the court had separated the trial of Prasad as she was under medical treatment. However, recent medical check up revealed that now she was fit to stand trial. Prasad is charged with helping co-accused to fabricate medical records of prime witness Bilkis Bano.

The court had summoned Bilkis Bano to appear on February 8 but she did not turn up today and the judge U D Salvi asked the prosecution to serve fresh summons.

The prosecution has urged for in-camera trial on the ground that this was a gangrape case and evidence of the prime witness was important.

On January 13, the court had framed charges against the accused for their alleged complicity in attacking a group of 17 members of minority community in the aftermath of Godhra riots on March 3, 2002.

Of the 20 accused, the judge framed charges against 19 as the trial of Dr Sangeeta Prasad was separated. All of them pleaded not guilty to the charges.

The accused are facing the charge of attacking the group in Devgarh Baria village of Dahod district in Gujarat on March 3, 2002, and also that of public servants in shielding the guilty.

Of the 17 victims, eight were killed while six others were reported missing and three - Bilkis Bano, master Hussain and Sadaam - survived the attack. The conspiracy was hatched between February 28, 2002 and March 3, 2002.

Twelve of the 20 accused allegedly attacked the victims and gang-raped six-month pregnant Bilkis Bano while sexually molesting her family members and assaulting them. Six other accused are police officers and two doctors who had allegedly shielded the guilty.

The accused are Jaswantbhai Chaturbhai Nai, Govindbhai Nai, Naresh Kumar Ramanlal Mordhiya, Shailesh Chimanlal Bhatt, Radheshyam Bhagwandas Shah, Bipin Chandra Kanyalal Joshi alias Lala Doctor, Kesarbhai Khimabhai Vohania, Pradeepbhai Ramanlal Mordhiya, Bakabhai Khimabhai Vohania, Rajubhai Babulal Soni, Mitesh Chimanlal Bhatt, Ramesh Chandra, Narpat Singh, Idris Abdul Saiyad, Bikabhai Ramjibhai Patel, Ramsingh Mitlibhai Bhabhor, Somabhai Koyabhai Gori, B S Bhagora, Dr Arun Kumar and Dr Sangeeta Prasad.

The accused were charged with IPC sections 120-b, 143 (unlawful assembly), 147 (rioting), 148 (rioting with deadly weapon), 149 (member of unlawful assembly guilty of offence committed with common object), 302 (murder), 376 (2) (e) and (g) (rape on pregnant woman and gang rape), 201 (causing disappearance of evidence), 217 (public servant disobeying law to save an offender) and 218 (public servant framing incorrect record to save offender).

According to prosecution, accused Sailesh Bhatt snatched the three-year-old baby of Bilkis Bano and killed the infant by smashing her on the ground, while Jaswantbhai, Govindbhai and Naresh Kumar caught hold of Bilkis, forcibly dragged her to a tree and gang-raped her.