RapeTrial: Senior Cops Face Dept Inquiry Pg 6 - Page 5

The metropolitan magistrate, who had recorded the statement of the December 16 Delhi gang-rape victim, today testified before a fast court conducting the trial in the case.

The magistrate had recorded the statement of the 23-year-old paramedic at Safdarjung hospital here after the statement recorded by the sub-divisional magistrate had run into controversy following the allegation that a Delhi Police official had interfered with it.

The metropolitan magistrate deposed as a prosecution witness during in-camera proceedings against the five adult accused, who have been charged with rape and murder of the victim. The sixth accused is a juvenile who is facing trial before the Juvenile Justice Board.

The magistrate, who appeared before Additional Sessions Judge Yogesh Khanna, will be cross-examined by the counsel for the five accused--bus driver Ram Singh and his brother Mukesh, Pawan Gupta, Vinay Sharma and Akshay Singh-- tomorrow.

The two judicial officers had recorded the victim's version of the brutal rape and assault which is now being treated as a dying declaration against the five adult accused facing trial in the case.

The girl had died on December 29, 2012 in a Singapore hospital.

The details of the proceedings cannot be reported by the media as the court has imposed a ban on it under the law.

The Delhi High Court on Monday reserved its order on a plea seeking to use as evidence the TV interview of the December 16, 2012, gang-rape victim's friend, the sole witness to the ghastly incident.

Justice GP Mittal reserved the order after the counsels of Delhi Police and the accused completed their arguments on the plea of Ram Singh, one of the accused in the case.

Advocate VK Anand, appearing for Ram Singh, moved the high court after the fast-track court trying the case dismissed his plea for using a CD of the victim's friend's interview with a news channel to be brought on record and examined as crucial evidence.

"The trial judge passed the impugned order and did not allow the applicant (Ram Singh) to exhibit, place on record and to play the impugned interview on the ground of illegal evidence," Anand said.

Anand said that in the trial court the counsels of accused could not cross-examine the witness because they wanted the CD of the interview to be put on record.

However, Dayan Krishnan appearing for Delhi Police, objected the use of CD carrying interview to use as evidence told the court that the "interview is illegal" as court had banned the media coverage.

"The CD can not be used as an evidence on the ground that it has been prepared in violation of a CrPC provision that restrains media coverage of the trial and inquiry proceedings related to a rape case," Krishnan added.

He added that the trial court had ordered in-camera trial of the case and in that case media interview of any nature us completely bar. "There could not be any publication about the case without court's permission," he said.

He told that during the trial of the case media interview would be interference in administration of justice.

Krishnan further said that "any statement even if in writing, not recorded before the police should not be considered as an evidence".

The youth is a software engineer and the main witness in the case in which a 23-year-old woman was brutally tortured and gang-raped in a moving bus on December 16, 2012.

Three police officials, who arrested one of the accused in the December 16 gangrape and murder of a 23-year-old girl in a moving bus here, testified as prosecution witness before the fast-track court on Monday.

Additional Sessions Judge Yogesh Khanna is recording the evidence of witnesses in in-camera proceedings and the media has been restrained from reporting.

The three officials, who had arrested accused Pawan Gupta, deposed as prosecution witnesses today. The court has also recorded the statement of one more witness.

The judge, who is recording evidence in the case on daily basis, could not hold the proceedings since February 27, as there was some bereavement in his family.

The five adult accused are facing trial in the case for rape and murder of the girl, who died on December 29, 2012 in a Singapore hospital as a result of grievous injuries she had suffered when she was sexually assaulted by six people in the capital.

The sixth accused is a juvenile who is facing proceedings before the Juvenile Justice Board and he has also been charged for rape and murder of the girl.

Bus driver Ram Singh and his brother Mukesh, Pawan Gupta, Vinay Sharma, Akshay Singh and the juvenile have pleaded not guilty to the charges framed against them and had claimed trial in the case.

The victim was airlifted to Mount Elizabeth Hospital in Singapore on December 27, 2012 for further treatment on the advice of a team of doctors from Safdarjung hospital here after 10 days of the incident.