“Your honour, the Investigating Officer of this case was appointed on the previous afternoon and his team needs time to search through the wastelands of the vast estate of the accused to unearth the victim’s body. To recover all such evidence and interrogate the accused, the Police have moved the petition requesting his remand for seven days.”
“But your honour; the mere statement of one woman cannot constitute as reason enough for sending a respectable man with a standing in society into Police remand!” Argued Anjali.
“Your honour, the Police has collected evidence which verifies the statement of the complainant. In addition, they have found the father of the baby boy, which the accused abducted for the vile purpose of human-sacrifice, and the sister of the child is an eye-witness to his crime,” the public prosecutor dropped his bombshell, which stunned both Rudolf Schönherr and his lawyer alike. “This establishes a prima-facie case of abduction and human sacrifice, which invites section 302 of the Indian Penal Code against the accused. As such the bail petition moved by his lawyer does not warrant the attention of the honourable court.”
“Your honour, the public prosecutor has presented the court with a new fact, I request for a five-minute break, so that I can consult with my client on this matter,” said Anjali.
“Request granted!” said the Judge and left for his chamber.
Anjali Kohli and Rohit Mirchandani conferred with Rudolf Schönherr and talked with him in a hurried manner. The latter for his part issued directions in a rapid-fire manner to his lawyer, and after she had moved away from said something in the ear of his friend. Rohit nodded his head and reassured Rudolf Schönherr by patting on his shoulder and went back to his seat.
When the Judge returned, Anjali resumed, “Your honour; the defense strongly contests the accusation of the prosecution. My client is completely innocent of all the charges levied against him, he did not abduct a baby, nor sacrificed it, and as such there can be no eyewitness to his alleged crime. And the report of the sample that the prosecution alleges are human bloodstains, are still to be sent to a laboratory. The prosecution will also admit that the report of the same cannot be expected before a week or even longer. My client will go through indescribable anguish and his standing in society will suffer irreparable damage, if he is sent to jail for the duration of that period, merely on the basis of a pending laboratory report, which may very well exonerate him.”
“But your honour, the court cannot base its decision on the perceived loss of social respectability of the accused, when he faces the charges of such serious nature,” argued the public prosecutor.
“In view of all the facts presented in this court and while not commenting on the merits of the case,” said the additional sessions Judge Makhija, “I agree with the argument of the defense attorney that the court cannot send a man to Police remand or jail for even a week or fortnight on the basis of a laboratory report, which may or may not implicate him in a crime, On the other hand the prosecution argument of the seriousness the charges against him is also valid. The Police have not been able to verify the statement of the complainant in its totality, nor have they been able to find the body of the alleged murder victim, which goes in favour of the accused. To give both sides a fair chance and to prove the truth of their arguments, the court has decided to postpone a decision on both petitions presented herein, regarding the Police remand and bail plea of the accused.”
“This court orders the I.O. of the case present here to hold an identification parade. The public prosecutor, defense attorney and an officer of the court shall be present during the identification parade and the report of the same shall be presented in the court tomorrow. Accordingly, the accused is sent for one day into judicial custody, pending the disposal of both petitions. Though the accused shall remain in Police lockup, he shall be henceforth be regarded in the custody of the court and the Police is restrained from questioning him without the presence of his lawyer.” Shuffling and scanning the papers before him, he added, “The court shall resume proceedings tomorrow.”
Outside the courtroom, it was pandemonium and chaos, as the media was out in full force to cover the news story of the day, tagged on by sharp lawyer Anjali Kohli and Rohit. Also present were many celebrities, from the world of fashion, glamour, high society, films and movies that had come to show their solidarity with Rudolf Schönherr, a popular icon. The cops had brought Rudolf Schönherr from a back entrance and Judge Makhija had not allowed any cameras in his courtroom. But after the hearing the media corps had a field day; they jostled with each other and raised the television cameras above their heads, as Rudolf Schönherr appeared, surrounded by the cops. The star of the show was bathed in the lights of cameras and was literally mobbed by the reporters. The policeman had put a human ring around him, but even they could not prevent the reporters from sticking out their mikes towards the celebrity accused, of what was becoming a high profile case.
“Rudolf Schönherr! Rudolf Schönherr!” shouted the reporters. “Why have you been arrested? Will you sue the cops? Are you a Tantrik? Do you sacrifice babies? Did you rape that girl?”
“I am an innocent man, who has been falsely accused. I have full faith in Judiciary and I will be proven innocent. I am a victim of police brutality. The truth will prevail in the end,” Rudolf Schönherr managed to say before he was hurriedly packed in a police vehicle and driven away.
It was left to his lawyer Anjali, to take the ‘center stage’ and address the media, flanked by her assisting lawyers and Rohit Mirchandani, who was wearing stylish and expensive ‘Ray-ban’ sunglasses. “My client Rudolf Rudolf Schönherr is completely innocent and I will request the court tomorrow to grant him bail, he is a man of position and enjoys a good reputation in society. His continual confinement on trumped-up charges does not serve the cause of justice in any manner.”
“Did he abduct and rape his student? Does he kill babies?” Anjali was questioned by jostling media persons.
“I would not comment on the issue of murder, as it is sub-judice. But what I can say is that we educated people cannot believe in this kind of middle-age superstitions. The unprovable allegations of a frustrated woman, an over-ambitious and dejected actress cannot be accepted as a sound basis to ruin the professional and personal reputation of my client.”
Speaking separately from her to a news channel, Rohit stated, “Friends, admirers, and well-wishers of Rudolf Schönherr stand by him. We look forward to his early release from this illegal custody and are confident that the false charges framed against him, will also be dropped. He’s a man greatly respected and admired for his talents, and the false accusations of a disgruntled, jealous and ambitious woman will fail to malign him. He’s a talented artist, who has won so many hearts with his art, and in the end, he will emerge stronger out of this episode, I am sure. As the saying goes, the truth shall prevail.”
That news of Rudolf Schönherr’s arrest was relayed and telecast throughout the day and night, beaming on every news-channel, along with the refusal of police spokesman and the government lawyer to comment on the proceedings in the Court. While all this was going on, Rudolf Schönherr has driven away to the office of the Crime Branch, tailed by cars of news-channel reporters and OB vans. Inspector Thakur summoned the parents and sister of the abducted baby for the Identification Parade of Rudolf Schönherr, as per the Court’s directions, channelling his request through Joginder Singh, the S.H.O of Mehrauli.
The office of the Crime Branch in R.K.Puram was unusually crowded on the afternoon of the same day. Beside Inspector Uday Thakur, sub-inspector Bishnoi, A.S.I. Soorajpal, also present in the office were public prosecutor Kathuria with his female assistant, Anjali Kohli with her two subordinates and a poker-face middle age man, who was the representative of the court. Despite vocal protests, Inspector Thakur had banned all journalists from entering the premises. A crowd of media persons had descended to cover the ‘event’ and additional policemen had to be deployed to keep them at bay.
In such a highly charged atmosphere, the preparations had been completed for the Test Identification Parade (T.I.P.) of Rudolf Schönherr, on the result of which hinged the outcome of the Police plea for his remand and his own bail petition. It was four in the afternoon, and those assembled in the office of Investigating officer were sipping hot tea, waiting in anticipation. The tension and suspense were rising continuously as the clock ticked.
“How long we have to wait?” Anjali asked, her patience running thin.
“Inspector Joginder Singh, the station House office from Mehrauli will arrive within a few minutes,” informed Inspector Thakur. “As soon As he arrives, we shall proceed.”
They didn’t have to wait much longer; the S.H.O came after ten minutes with A.S.I. Rajveer Yadav, a labourer and his daughter. He was a 54-year-old Sikh with gray mustache and beard. He was a huge man, who ate and drank heavily and lived alone in a rented accommodation, while his large family, which included his mother, wife, unmarried daughter, son, and daughter-in-law, lived in Kapurthala in the state of Punjab. His three daughters were married and the wedding of his youngest daughter was due in about two months. He was too old to change or adapt to the new methods of Police investigation in the modern landscape and his superiors deemed him fit only as the S.H.O. of a Police station like Mehrauli, until his retirement. “My God! Those journalists had surrounded our jeep and we had to force our way in here,” he said in an exasperated voice.
“This is Lacchi Prasad,” informed Inspector Thakur to all present, “who lives near Rajkori forest. His child was kidnapped…I mean had gone missing. And this is his daughter Rita, who was attacked by a man in the Jungle.”
“She’s your so-called eyewitness?” Anjali asked with contempt.
“Let us not waste any more time and get on with it,” said Kathuria.
“Yes,” Inspector Thakur said nodding his head. “Come here child,” he said to the small girl and after she came near him, he added, “We shall take you to a room, where seven men are standing. You have to see them carefully and identify from them the man, which had attacked you in the Jungle that evening. I’ll be there with you, so don’t be afraid that he will hurt you. Understood? Good.”
Inspector Thakur got up from his chair and followed by the other people went to the interrogation room, which had been chosen as the venue of the identification parade. While he and other policemen stayed outside, the officer of the court entered the room with the girl and was joined by Kathuria and Anjali. All the rest waited at the doorway, craning their heads with curiosity. In that ordinary room stood Rudolf Schönherr with six other men. His lawyer noticed that all men except Rudolf Schönherr were of dark complexion, haggard, disheveled and from the lower strata of society. She made the mental note of using that fact to challenge the result of the identification parade if it went against her client. Thinking that she would argue that anyone could have picked up Rudolf Schönherr if told beforehand to choose a fair complexioned person with blue eyes. A rich and well-dressed person is not difficult to single out from a line up of poor men with sunken cheeks and weak bodies, a motley collection of pick-pockets and drug addicts.
“Go ahead; who amongst these men is the one that attacked you?” The magistrate said to the labourer’s daughter.
The tiny girl stepped forward with slight hesitance and looked at the first man that stood in the lineup, who for his part stared back at her with a blank expression. There was silence in the room and the tension and anticipation were evident on all faces, including that of Rudolf Schönherr. The girl stopped for a few seconds before each man, before she reached Rudolf Schönherr, who stood fifth in the lineup. Inspector Thakur, who was looking closely at her face saw her eyeballs widen, her lips open up and the lump in her throat jump. She stood before Rudolf Schönherr for what seemed like an eternity and moved on to the next man.
In the end, she came back to the group of people that had come with her to that room and not looking anyone directly in the eye said slowly, “He’s not here.”
“Have you seen all of them properly?” Asked the court-officer in a soft voice.
“Yes Sa’ab,” she replied meekly.
“You are not afraid of any of them, are you? We are all here to protect you; he can’t attack you in our presence. If you want you can take a second look at them; it is very important that you tell us the truth.”
“I…I,” she faltered and looked at her father who stood in the doorway. On the motion of the officer, the man came inside hesitatingly and stood next to his daughter.
“Assure your girl that she is in no danger here and that she should tell us truthfully, whether the man that attacked her is standing in this lineup or not?”
The labourer talked to her in their native language, urging her to tell honestly and fearlessly what was being asked. But to Inspector Thakur it all appeared to be rehearsed lines; he was surprised to see the contentment and satisfaction written all over the face of S.H.O. Joginder Singh, who had brought the duo for the test identification parade.
On the urging of the magistrate, the girl once again looked at the men standing in the line-up. When she came back she said, “I am not sure…he may or may not be from these men. I was not able to see his face properly when he attacked me and also it was many days back.”
Inspector Thakur fumed at hearing that, it did not sound like her own language, but lines that she had been coached before she had come there. He had not forgotten how the same girl had identified Rudolf Schönherr from his photograph in the farmhouse on the previous night; nor the expression of recognition, which had come in her eyes and face, when she had stood before Rudolf Schönherr had gone unnoticed by him. Something was fishy; something drastic had happened in the intervening time that had made the girl retract and reverse her earlier stated position.
“It is over,” said the court representative, “I will present my report to the honourable Judge tomorrow when the court reconvenes.”
After he went out of the room everyone dispersed. As she was going out, the eyes of the girl met with Inspector Thakur briefly who was standing in the gallery outside; the experienced cop saw a tinge of water, helplessness, and apology in them, before her fearful father and Inspector Joginder Singh took her away. The latter appeared a little over-protective as regards the duo as if it was his duty to ensure that no one was able to approach or talk to them. Anjali was standing next to a visibly relieved Rudolf Schönherr, exchanging quick words with him. The relief after a narrow, hair’s breadth escape was written all over his face. Telling his assistant Bishnoi to release the detainees, who had been brought to the identification parade and to send Rudolf Schönherr back in the lock-up, a dejected Inspector Thakur left the place.
Additional Sessions Judge Makhija refused to grant permission to the public prosecutor to put forth any further arguments on the next day in his Court. And noted, that in view of the report of the court officer, as regards the outcome of the test identification parade, he found no valid legal basis to keep the accused in detention and was accepting the plea of the defense and granting him bail. He ordered the release of Rudolf Schönherr, after the submission of his Passport with the court and upon furnishing of two personal bonds of Rupees 1 Lakh each. In addition, he was to cooperate with the ongoing Police investigation, be available for questioning and was specifically barred from approaching the complainant or any other potential witnesses in the case. The Judge made it clear in no uncertain terms to the counsel of defense that any report of violations of those directions will lead to immediate cancellation of bail of her client before he dismissed the proceedings of the court.
Convinced of Rudolf Schönherr’s guilt, Inspector Thakur and his team acted only out of the compulsion of the unfavourable court order that had granted bail to the man in their custody. From the very onset, their attitude was of least cooperation and it took all of Anjali’s skills and perseverance to go through the lengthy procedures and paperwork. She worked continuously through that day with her abl
e assistants and finally, just five minutes before midnight, cops had to release Rudolf Schönherr, quite clearly against their will or desire and after they had exhausted all their excuses and objections. After they had fussed over every insignificant detail and could find nothing more wrong with the papers or the defense counsel’s failure in following the correct procedures. To their clear discomfort, Anjali always proved a step ahead of them, always one up.
Rudolf Schönherr was once again a free man. Walking down the stairs of the Crime Branch Office building at R.K.Puram with his lawyer Anjali, he inhaled deeply the cold breeze of the winter night and closed the buttons of his brown leather jacket that had been brought from his house. He saw Rohit waiting for him in the parking lot with his chauffer driven Mercedes S-class car. Both friends embraced each other warmly and smiled with happiness, the brotherhood of the corrupt and evil was strong, glued forever with selfishness, corruption, and vices that accompany it.
“How can I even begin to thank you?” Rudolf Schönherr asked in a voice of gratitude.
“I’ve done nothing, except what was required of a friend in such a situation. It’s good to see you back outside, Rudolf Schönherr. In custody, you looked like a lion in a cage. Anyway, you will come to my house with me or would you prefer to go your place in Vasant Vihar?” asked Rohit.
“I need to clean myself and get proper sleep; I will go to my house.”
“Sure, come I will drop you and we’ll talk at length tomorrow, “he said and went inside the open door of his car.
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