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HindustanTimes Tue,23 Sep 2014

‘Enough evidence to nail all gang-rape accused’

Harish V Nair, Hindustan Times  New Delhi, September 04, 2013
First Published: 01:28 IST(4/9/2013) | Last Updated: 02:49 IST(4/9/2013)

The trial in the December 16 gang-rape case ended on Tuesday with the prosecution claiming ‘clinching evidence’ against each accused to secure their conviction.

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Special public prosecutor Dayan Krishnan rebutted the claim of the defence counsels that the victim’s dying declaration, the statement of her male friend, the DNA samples and other medical evidence had been fabricated.

The Delhi High Court had set up fast-track cases to deal with cases of sexual assault in the aftermath of the case that sparked outrage across the country and led to violent protests near Raisina Hill in Delhi — the seat of the government. 

Besides the statements of 85 witnesses who stood by their version in court, Krishnan said DNA and forensic evidence had “conclusively established” the involvement of each of the accused in the crime.

He said the accused were on the road in pursuance of a plan and targeted the victims, including the girl, in their “quest for sexual satisfaction and loot”.

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He said the girl clearly gave details of the incident in the bus (in her three dying declarations) and the brutality was grotesque to say the least.

The crucial prosecution witnesses who earlier deposed in the court were the male friend of the victim, her mother, the investigating officer, the magistrate who recorded her dying declaration, policemen, doctors at Safdarjung hospital — where she was initially admitted — and DNA experts.

Doctors from Singapore’s Mount Elizabeth hospital, who later treated her and conducted her post-mortem, said the injuries on her body were sufficient to cause death.Krishnan rebutted the defence claim that the DNA sample could not have been lifted from the bus as the vehicle was washed the morning after the gruesome incident.

The prosecutor said fingerprints and the blood stains could easily be extracted even if the surface is cleaned several times and “DNA can be extracted even if the surface has been cleaned by bleaching”.

He said the fact that an iron rod was used during the assault had been corroborated by medical evidence and the girl’s dying declaration.

VK Anand, counsel for accused Mukesh, in his final arguments claimed that his client’s mere presence in the bus did not show that he participated in the gang rape.


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