A special court on Tuesday resumed the trial in the December 16 gang rape case after a week-long gap with the Delhi police alleging that the father of one of the accused is deposing falsely. Additional Sessions Judge Yogesh Khanna has recorded the statement of two defence witnesses on behalf of Akshay Thakur, who have corroborated with his plea of alibi.
Special Public Prosecutor Dayan Krishnan, however, during the cross-examination of Akshay's father and the auto driver, said that both the defence witnesses are deposing falsely and are tutored.
The prosecution claim was refuted by accused father, who said, "On December 16, 2012 at about 10 am, the accused along with his daughter-in-law and grand son had reached his village".
"It is wrong to suggest that I have concocted false story regarding presence of my son/accused at my village on December 16, 2012 and also tutored other defence witness to depose at my behest in order to save my son Akshay.
"It is wrong to suggest that on the incident night, my son was in Delhi and was part of the group of persons, who had allegedly gang-raped the girl," Akshay's father claimed, while denying the police that the youth was among the six persons who had gang-raped a 23-year-old girl in a moving bus in New Delhi.
Appearing as defence witness, the auto driver claimed in the court that he picked Akshay from the railway station on December 16 last year morning to his village at Aurangabad in Bihar.
"It is wrong to suggest that since Akshay and I belong to same village, so we have concocted a false story and deposing falsely with regard to presence of accused in the village," he added.
During recording of his statement, Akshay had claimed that he was not in the bus in which the paramedic student was gang-raped allegedly by a group of six persons. Akshay had claimed to have left Delhi in a train prior to the sexual assault of the girl.
"He was at his home town in Bihar, which can be confirmed by his family members," Akshay's counsel had said. After recording of the statements of Mukesh, Pawan Gupta, Akshay and Vinay Sharma in the case, the court had asked them to lead witnesses in their defence.
The court, however, concluded recording of the defence witnesses statement on behalf of Mukesh, Vinay and Pawan. According to the prosecution, Ram Singh, Vinay, Akshay, Pawan Gupta and Mukesh had allegedly gangraped the girl in a moving bus. The victim died of injuries on December 29 last year while undergoing treatment in a Singapore hospital.
During the trial, Ram Singh was found dead in Tihar Jail on March 11 and court proceedings against him stand abated. The sixth accused, a juvenile, facing an inquiry before the juvenile justice board in New Delhi.
During recording of statement before the court, Pawan and Vinay had claimed that there were not in the bus and had gone to a music function in south Delhi.
However, accused Mukesh during his deposition had told the court that he was driving the bus in which the girl was sexually assaulted and her male friend was brutally attacked by his elder brother Ram Singh, Vinay, Pawan, Akshay and the juvenile.