The victim’s three dying declarations, testimony of her male friend and DNA evidence nailed the four accused in the December 16 gang rape case.
“Dying declarations and DNA analysis duly establish the identity of victim and of the accused persons beyond doubt to be the persons inside the bus at the relevant time and have done what is alleged against them,” said Additional Sessions judge Yogesh Khanna.
Writhing in pain on her hospital bed, the girl gave three separate statements explaining the sequence of events right from the time she boarded the bus with her male friend till they were thrown out half-naked near Mahipalpur flyover 45 minutes later, severely bleeding and shivering in the winter chill.
The court took note of her statement that while two accused held her friend near the door, two others dragged her to the rear of the bus.
They bit, slapped, kicked and beat her with iron rods before raping her.
Later, two other accused came and repeated the act. The same iron rod was also shoved inside her body and her internal organs were ripped out.
The victim’s male friend, the sole eyewitness, identified all the accused in a test identification parade.
This proved crucial for the prosecution’s case. He proved the intention to kill, saying they were thrown out of a fast-moving bus and the accused tried to run over them.
The court said DNA evidence linked each of the accused to the crime and proved the use of iron rods. It said the swabs collected from the victim matched with the DNA profile developed from the blood sample of all accused.
Similarly, the DNA profile from the blood stains from the clothes of the accused, the iron rod, curtains and floor of the bus and those collected from the spot where the victims were thrown out of the bus matched with the DNA of the 23-year-old victim.
According to the prosecution, this was the first time in a rape case that dental records to match the bite marks on the victim with that of the accused had been submitted as evidence.
Call detail analysis of cell phone numbers of the victim and her friend showed their presence in Saket and their movement towards Munirka. It also showed the movement of the accused persons in the bus to Munirka and then to Mahipalpur along with the complainant and the victim.