Two accused in the December 16 gang-rape case - Vinay and Pawan - on Saturday produced a video clip in court to back their claim that they were at a music function when the crime took place. A witness produced the clip taken from a mobile phone.
Special public prosecutor Dayan Krishnan immediately contested the claim of the witness, a minor. Krishnan said there was evidence to show that the function had not taken place on December 16 at the said venue — a DDA park in south delhi.
“The witness has concocted a story at the behest of the accused and his family members as he is the childhood friend of the accused. No musical programme was organised on December 16, 2012 evening in the district park (south Delhi),” the prosecutor said.
The boy retorted: “I am not lying. I have taken oath in the name of god.”
The prosecution said the DDA’s horticulture department does not allow such programmes in the park and no one is allowed to enter the place after 7 pm.
Krishnan urged the court to allow three official witnesses to prove this. Additional sessions judge Yogesh Khanna said the prosecution’s request will be considered after recording of defence evidence was over.
The witness said the clip he showed was in the memory card of Vinay’s phone. But the prosecution argued that Vinay had earlier told the court in response to a question posed by the judge that his phone did not contain a memory card.
As per the prosecution, the six persons in the bus were driver Ram Singh, Vinay, Akshay, Pawan, Mukesh and a juvenile and all of them had raped the girl and assaulted her male friend with an iron rod.
The victim died of her injuries on December 29 last year while undergoing treatment at a Singapore hospital.