Two of the accused in the December 16 gang-rape case on Thursday questioned the authenticity of the victim's dying declaration and contended that it was "introduced by the probe agency after her death".
The counsel for accused Vinay Sharma and Akshay Thakur, in his final arguments before additional sessions judge Yogesh Khanna, claimed that the arrest of the six accused was an after-thought and the 23-year-old paramedic had not recorded any statement before the SDM because she died on December 21, 2012 and not December 29 as per official records.
Pointing out that there was a tug-of-war between Delhi Police and the city government over recording of the girl's statement by sub-divisional magistrate Usha Chaturvedi, counsel AP Singh said: "The controversy over recording the girl's statement broke out after the SDM refused to do what the police wanted. How is it possible that the girl, who was in a critical condition as per the prosecution, has given a four-page statement. The statement was prepared by the police."
"The victim died on December 21, 2012. The police have not submitted any photo of the girl in which her eyes are visible. By looking at a person's eye in a photo, anybody can say whether the person is dead or alive. To hide this fact, the police have not placed such photographs on record," Singh said during the second day of his arguments.
The counsel said, "After the SDM raised objections, if the police were to bring out the truth, they could have recorded the girl's statement through video recording."
He said that there was a delay in recording the girl's statement. He also said it was recorded thrice. "Which one is the original?"he questioned and said the delay in recording the victim's statement created a doubt over the prosecution theory.
The SDM had, in December 2012, claimed that three police officers had interfered with the recording of the victim's statement. The Delhi chief minister had written to the Union home minister and demanded a probe into the matter.