The Delhi High Court on Monday dismissed a petition filed by two of the five accused in the December 16 gang rape case seeking quashing of the FIR against them. The court observed that there was sufficient prima-facie evidence against them for framing of charges.
The court said it would not interfere with the charges of murder, gang rape, unnatural offence, dacoity and criminal conspiracy, etc, framed against accused Mukesh and Akshay. The court noted that there was enough material before the special fast track court to form a prima-facie opinion that they had committed the offence for which they have been charged.
Justice Pratibha Rani also rejected the duo’s plea against the day-to-day trial and request for proceedings on alternate days so that they get more time to instruct their lawyer.
The court said such petitions were part of the continuing effort by the accused to delay the trial.
“After going through trial court records placed on record, it is clear that every effort is being made to delay the trial and create hurdles in speedy trial,” said the court.
Rejecting their argument that they were framed in the case, the judge said: “The question as to if their confession was extracted after torturing him or if test identification parade was manipulated is the subject matter of trial.”
Injuries were fatal: doctor
New Delhi: A doctor on Monday told a special court that the injury inflicted upon the December 16 gang-rape victim by the six accused, “can cause death in natural course”.
The doctor, who was in-charge of the Intensive Care Unit at the Safdarjung Hospital, where the victim underwent treatment for 10 days said: “I had given my opinion, which was sought as to the nature of injury, it can cause death in natural course,” he said.
He told Additional Sessions Judge Yogesh Khanna that he had not seen the weapon of the offence, with which the victim was allegedly assaulted.
The doctor was cross-examined by accused Mukesh’s counsel, who asked him about the injuries suffered by the victim and whether they were sufficient to cause her death in ordinary course of nature.
Mukesh’s counsel also said that the victim, was not fit enough to record her statement.