Top court rejects plea to shift trial out of Delhi, lawyer wanted case moved to Rajasthan or Bihar.
The Supreme Court on Wednesday dismissed a plea to transfer the December 16 gangrape trial outside Delhi but agreed to examine if the accused should be shifted from Tihar Jail to another prison. The accused have moved the court alleging torture in Tihar.
A bench led by Chief Justice Altamas Kabir sought a response from Delhi Police within two weeks, after issuing a notice on the limited prayer regarding the shifting of two accused in the case.
Accused Mukesh and Akshay Thakur, who are in Tihar Jail at present, had alleged that they were threatened and tortured. They had also claimed that they did not expect a fair trial in the national capital.
Advocate M L Sharma, appearing for the petitioners, urged the apex court to transfer the case from Saket district court in Delhi to either Karoli in Rajasthan (Mukesh's hometown) or Aurangabad in Bihar (Akshay's home) or any other state, on the ground of "surcharged" atmosphere affecting the proceedings in Delhi.
"We cannot shift the trial," the bench said, rejecting the demand.
Sharma emphasised on the alleged threat to life of the accused and their family members in Delhi. He also pointed that within 15 days of the trial, as many as 60 witnesses have been examined by the fast-track court.
On this point, the bench asked Sharma to co-operate with the judicial proceedings so that the fast-track court could finish the trial expeditiously.
Sharma also referred to a forensic report of the body of the 23-year-old victim, claiming that it contained teeth marks of eight persons.
"The report said those bites did not match with that of accused Pawan, Vinay and Mukesh, while those of accused Akshay and Ram Singh could tally. Police, so far, have not revealed who were the other accused in the case," he said.
CCTV footage shows no assault of accused: court
New Delhi: Two weeks after an accused in the Delhi gangrape case, Vinay Sharma, claimed that he was assaulted by fellow inmates, the fast-track court on Wednesday said the CCTV footage provided by Tihar Jail authorities showed no such incident. Sharma had told the court that he was beaten up by inmates at Tihar and had pleaded that he be moved to Rohini Jail.
A bench led by Chief Justice Altamas Kabir sought a response from Delhi Police within two weeks, after issuing a notice on the limited prayer regarding the shifting of two accused in the case.
Accused Mukesh and Akshay Thakur, who are in Tihar Jail at present, had alleged that they were threatened and tortured. They had also claimed that they did not expect a fair trial in the national capital.
Advocate M L Sharma, appearing for the petitioners, urged the apex court to transfer the case from Saket district court in Delhi to either Karoli in Rajasthan (Mukesh's hometown) or Aurangabad in Bihar (Akshay's home) or any other state, on the ground of "surcharged" atmosphere affecting the proceedings in Delhi.
"We cannot shift the trial," the bench said, rejecting the demand.
Sharma emphasised on the alleged threat to life of the accused and their family members in Delhi. He also pointed that within 15 days of the trial, as many as 60 witnesses have been examined by the fast-track court.
On this point, the bench asked Sharma to co-operate with the judicial proceedings so that the fast-track court could finish the trial expeditiously.
Sharma also referred to a forensic report of the body of the 23-year-old victim, claiming that it contained teeth marks of eight persons.
"The report said those bites did not match with that of accused Pawan, Vinay and Mukesh, while those of accused Akshay and Ram Singh could tally. Police, so far, have not revealed who were the other accused in the case," he said.
CCTV footage shows no assault of accused: court
New Delhi: Two weeks after an accused in the Delhi gangrape case, Vinay Sharma, claimed that he was assaulted by fellow inmates, the fast-track court on Wednesday said the CCTV footage provided by Tihar Jail authorities showed no such incident. Sharma had told the court that he was beaten up by inmates at Tihar and had pleaded that he be moved to Rohini Jail.
Courtesy: Indian Express
