NIA Court Slams Selective Use Of Evidence, Upholds Torture Claims In Laos Cyber Fraud Case

The special NIA court has rejected the contention of Sudarshan Darade,
CEO of a Dubai-based forex firm, booked for his role in international
cyber frauds and human trafficking case, that videos and photographs
of victims seized by the prosecution reflect that they were dancing
and having fun in Laos. The court said those videos and photographs
are not sufficient to prove that victims were not tortured in Laos.

Darade had approached the special NIA court hearing the case for
direction to furnish complete list of un-relied documents/materials
seized during investigation and also to furnish all the photographs
and videos pertaining to the WhatsApp Group “Longsheng@LaosMainGroup”
to him. The prosecution has claimed that all these material was
supplied to the accused along with the chargesheet.

However, seeking to rely on the photographs and videos appearing in
the pen-drive, given by the prosecution, the defence claimed that it
cannot be said that, the victims were ever trafficked or harassed in
any manner. He further argues that, the prosecution is using material
in the pen-drive in ‘pick-and-choose’ manner.

The prosecution claimed that the photographs and videos as relied by
the accused were shot during happy moments when the victims were not
allotted any work of forced criminality.

The court however said that, “merely because in some of the
photographs or some of the videos, the alleged victims are seen to be
enjoying, it cannot be said that, all the allegations against the
accused are baseless and false.”

“It becomes clear that, as per the allegations against the accused by
the complainant and the victims, after the victims were taken to Laos,
initially they were given training of performing illegal activities
like online frauds, investment in fake Cripto currency and as such.
Before that training and during the training, it is possible that, the
victims might have enjoyed some happy moments,” the court said
rejecting the contention that the victims were not tortured.

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