The only witness who deposed before the CBI Special Court in Thiruvananthapuram on Thursday in the Sister Abhaya murder trial stuck to his earlier testimony that his signature was forged in the inquest report drawn up by Kottayam West police at the time of the nun's death in 1992.
John Scaria was a 40-year-old aluminium fabrication worker when he came across Abhaya's dead body in Pious X Convent. “I was looking around for work and I saw a huge crowd near a well in the premises of the Convent. I too went there,” Scaria told the court on Thursday.
He said that he saw Abhaya's body that was fished out of the well. “The body was laid near the well,” Scaria said. As he was about to leave, he said that one of the policemen asked him to sign as witness on a sheet of paper. “I did as I was told,” Scaria said. “Was the content read out to you,” prosecution lawyer Navas asked him. “No,” Scaria said.
Navas then handed Scaria the inquest report of the police and asked him to identify his signature. Scaria looked at the signature and said it was not his. The prosecution lawyer then passed on six samples of Scaria's original signature to the Court.
The prosecution's contention is that the inquest report that was first prepared by the police, and on which Scaria had given his signature, was dumped and replaced by a new one with a forged signature of Scaria's.
According to the prosecution, the original inquest report had stated that Abhaya just had a nighty on her when she was lifted out of the well. It had also stated that Abhaya's headscarf, slippers and the axe that was probably used to club her were found in the kitchen. The allegedly tampered version states that Abhaya was properly clothed beneath her nighty, and is silent on the headscarf, slippers and axe.
Earlier, when the proceedings began, the defence team led by noted criminal lawyer B Raman Pillai gave out a collective sneer when Scaria found it hard to remember the name of the Convent where Abhaya was found dead. Scaria had to be prodded by his lawyer to get the name Pious X Convent right. “It has been so many years,” Scaria told the Court.
Later, when it was time for cross examination, Raman Pillai kept it brief. He asked Scaria whether he knew to read and write English. He said no. Scaria is a sixth standard drop out. Pillai wondered how Scaria could sign his name in English. The sample signatures were in English.
Pillai wanted Scaria to give another sample right in front of the Court. The court refused to entertain the request.
In fact, four witnesses were summoned on the day. One of them, 28th witness T A Nazeer, arrived late. He will be crossed another day. Witness number 29, Kurian, is bedridden. And the fourth, witness number 31, Joseph, had died.
Time has taken its toll on the witnesses in the Abhaya trial. At least six witnesses have died, and the deceased include both Abhaya's parents, Lisieux, the then mother superior of Pius X Convent, and forensic expert Dr Umadathan.
