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| Kohli to be extradited : HC |
| Kohli had alleged that the extradition magistrate had no power to go into the merits of the case.
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| INDIA
, 6-July-2007
4:13:27 AM |
| The Delhi High Court has allowed the extradition of Maninder Pal Singh Kohli, accused of raping and murdering British teenager Hannah Foster.
Modifying the order passed by a local magistrate, a Division Bench of the HC said it can only be held that there is prima facie evidence against him.
The Bench comprising Justice Mukul Mudgal and Justice P K Bhasin said, ''finding of the extradition magistrate shall be treated only as a prima facie and not as a conclusive evidence against the petitioner (Kohli), whatever the reasoning given by the magistrate.''
Kohli had approached the HC challenging the extradition order of the magistrate of June 8 seeking its modification.
The counsel appearing for Kohli contended, that the finding recorded by the extradition magistrate conclusively indict him, which is against the law.
Kohli had alleged that the extradition magistrate had no power to go into the merits of the case.
''The finding of the magistrate in my case comments on the merits and these findings would severely prejudice my case in the United Kingdom,'' he claimed.
Accepting the contention of Kohli, the court stated ''the magistrate has held that there is a case against Kohli, nevertheless to allay the apprehension, the report of extradition magistrate stands modified.''
Hannah was abducted from her home in Portswood, Southampton, on March 14 2003. Her body was found two days later.
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