Police file chargesheet against five accused 18 days after horrific Delhi gangrape
The Delhi Police today formally charged five men with murder, kidnapping and rape following the fatal gang-rape of a young woman that appalled the nation. The five accused, who could face the death penalty if convicted, were not present in the court. 2-day police custody for bus ownerindia Updated: Jan 04, 2013 02:07 IST
Eighteen days after the horrific gangrape of a 23-year-old paramedical student, Delhi Police on Thursday filed its charge sheet in a court here against five men arrested in the case, slapping on them murder, rape, kidnapping and other charges.
The five accused, Ram Singh, his brother Mukesh and their accomplices Pawan Gupta, Vinay Sharma and Akshay Thakur have been charge sheeted for the offences of murder, gangrape, attempt to murder, kidnapping, unnatural offences, dacoity, hurting in committing robbery, destruction of evidence, criminal conspiracy and common intention under the Indian Penal Code.
The sixth accused is a juvenile and proceedings against him will be conducted by the Juvenile Justice Board.
In the 33-page charge sheet, the role of the juvenile offender is also elaborated.
Police filed the charges and listed their evidence in a reportedly 1,000-page document submitted to a district court in the south of the capital, starting the process of bringing the men to trial.
The police filed the charge sheet along with bulky documents, with many in sealed covers, in the court of Metropolitan Magistrate Surya Malik Grover who posted it for consideration on January 5.
The Delhi police has sought direction for not disclosing the content of the FIR and for keeping it and other documents in sealed covers to protect the identity of the victim.
"We have filed the charge sheet against the five accused," an investigating police officer told a magistrate hearing the case in the Saket court complex.
The victim, a medical student, was repeatedly raped and violated with an iron bar on a moving bus on December 16 as she returned from a cinema where she had watched a film with her friend.
Police said it will also place before the court the charge sheet in electronic form.
Police also urged the court to hold in-camera proceedings away from public glare.
The charge sheet was filed before the duty magistrate at 17.30 hours, 30 minutes after the normal court hours.
This prompted the judge to ask the public prosecutor for the reason behind filing the charge sheet at the late hour.
Public Prosecutor Rajiv Mohan said the investigators took time to put bulky documents along with the charge sheet in an orderly manner.
Later, he told reporters that the charge sheet will be filed against the juvenile offender shortly.
Protesters have massed across the country daily since the assault to demand the government and police take sex crimes more seriously, with tougher penalties for offenders and even chemical castration among measures being considered.
The latest incident, though far from rare in a country where gang rapes are commonplace, has led to deep soul-searching in the media and the country's political class about the treatment of the victim.
A statement from the Delhi victim, who died at the weekend from her injuries, and an account from her friend, who was badly beaten during the attack, are expected to form crucial parts of the evidence against the five men.
A sixth suspect who is believed to be a minor aged 17 was not charged in the Saket court on Thursday. Detectives are awaiting the results of a bone test to verify his age and determine whether he can be tried in an adult court.
The next hearing has been set for Saturday. The trial has been fast-tracked to avoid the delays.
Altamas Kabir, Chief Justice of India, has cautioned against letting public anger overwhelm the due process of the law.
"Let us not get carried away. A swift trial should not be at the cost of a fair trial," Kabir was quoted as saying in the local media on Thursday.
Lawyers at the district court in New Delhi have decided they will not defend the suspects, meaning the government will have to appoint advocates for them.
Several hundred protesters including lawyers gathered outside the court on Thursday demanding greater protection for women and improvements in the justice system.
"Why is there such a low conviction rate in India? Please judges, wake up!" said one banner.
Just 26% of the 24,206 cases of rape registered in 2011 in India resulted in a conviction, according to the National Crime Records Bureau.
Amid a fierce national debate about the incident, women's rights groups have highlighted the difficulty rape victims face in dealing with social stigma and the police.
On December 28, it emerged that a 17-year-old girl had committed suicide after police allegedly tried to persuade her to drop a complaint of gang-rape and instead either accept a cash settlement or even marry one of her attackers.
Campaigners hope the December 16 attack will serve as a turning point, changing social attitudes and leading to greater sensitivity by the police.
A member of the ruling Congress party was detained in the northeastern state of Assam on Thursday after being accused of raping a girl in a remote village, police said.
In scenes played out on television channels, village women were seen stripping the lawmaker, Bikram Singh Brahma, and repeatedly slapping him.
The government has set up three separate commissions to look into the New Delhi gang-rape and suggest changes in the law, with one minister suggesting new anti-rape legislation should be named after the unidentified victim.
The brother of the victim, speaking from the family's home village in Uttar Pradesh, said they would not object if the government wanted to name a new law after her.
"It will be like a tribute in her memory," he told a newspaper, while also pleading that the family be left alone to grieve.
A recent poll found India to be the worst in the G20 group of nations for women because of child marriage, abuse and female foeticide, which has led to a badly skewed sex ratio in the country of 1.2 billion people.