A DDA official on Monday told a special court in New Delhi that the claim of two December 16 gang-rape case accused that they were attending a musical function at a DDA park on the night of the incident is false as the civic agency does not allow any such event in that park.
The prosecution brought the DDA official as its witness to counter the claim of Vinay Sharma and Pawan Gupta, who in their statements had said that they were not in the bus in which the 23-year-old girl was allegedly gang raped.
Their relatives who had deposed as defence witnesses in the case had also said that the two were not in the bus.
"We have a district park in Hauz Khas, opposite IIT gate, adjoining RK Khanna Tennis Stadium. This area is a protected forest. As per norms prescribed in the Forest Act, no public function is allowed to be held in the park nor any permission qua such function has ever been given.
"On December 16, 2012 no such function was held in the park nor any large gathering of persons, much less of 300 took place in it," the DDA official told additional sessions judge Yogesh Khanna.
During recording of the statement of DDA official and two members of the Church, who appeared as prosecution witnesses in the court, special public prosecutor Dayan Krishnan, said that neither the DDA nor the Church had organised any function in the park on December 16 night and the accused had committed the crime in the bus along with other four co-accused, including a juvenile.
The court on August 8 had issued summons to the three witnesses after police moved an application under section 311 of CrPC, contending that they need to call material witnesses to establish that these two accused were not in the park and were present in the bus on the night of the incident.
The other two witnesses, head of the Church and its secretary, said they did not organise any such musical function on December 16 last year, as claimed by the accused.
"We do not organise any function of the Church outside the premises of the Church. We never organised a function in the said DDA park," the head of the Church testified in the court.
The secretary of the church also deposed on similar lines saying, "We have not organised any function outside our church premises on December 16, 2012 or at the DDA district park, Hauz Khas in south Delhi, opposite IIT gate..."
The DDA official was partly cross-examined by defence counsel AP Singh and it will continue tomorrow.
The prosecution has examined 85 witnesses to prove its case against the four adult accused.
According to the prosecution, Ram Singh, Vinay, Pawan, Akshay Thakur and Mukesh had allegedly gangraped the girl in the moving bus. The victim died of injuries on December 29 last year while undergoing treatment in a Singapore hospital.
During the trial, Ram Singh was found dead in Tihar Jail on March 11 and court proceedings against him stand abated.
The sixth accused, a juvenile, is facing inquiry before the juvenile justice board in New Delhi.
Accused Mukesh, during his deposition, had told the court that he was driving the bus in which the girl was sexually assaulted and her male friend was brutally attacked by his elder brother Ram Singh, Vinay, Pawan, Akshay and the juvenile.