The complainant in the December 16 gangrape case on Monday told the fast-track court that both Mukesh Singh and Vinay Sharma were in the bus when the incident took place,contrary to the claims of the defence counsels.
During cross-examination of the victims friend,the counsel for Mukesh contended before Additional Sessions Judge Yogesh Khanna that the two men were not involved in the crime. Lawyer V K Anand said Mukesh had not beaten the software engineer,had not robbed the two and had not raped the victim.
The counsel for co-accused Vinay claimed that he was not in the bus that night as he was attending a music function in South Delhi.
The complainant,however,refuted the claims and said he had identified the particulars of the bus as well as the accused,who were present in it that night. To the defence counsels suggestion that normally,people do not note the colours of the buses or the words written on them,the engineer replied,I had noticed it was a white bus with the word Yadav written on it.
It is wrong to suggest that accused Mukesh was not sitting on the drivers seat when I entered the bus. I had already identified the accused who was sitting on the drivers seat at the time of my entering the bus. It is also wrong to suggest that accused Vinay was not present inside the bus at the time of the incident, the witness deposed before the court.
During the proceedings,Anand claimed that Mukesh had nothing do with the present case and was falsely implicated at the instance of Delhi Police because he was the brother of the main accused Ram Singh,who was found dead in his prison cell on March 11.
The complainant,however,refuted Mukeshs contention and said he had not seen Mukeshs photographs before the Test Identification Parade (TIP). He also claimed that he did not frame him because he is the brother of accused Ram Singh.
The defence counsels said the victims friend was deposing falsely as it was not possible for a vehicle driver to change his seat when the bus was moving at high speed. They also claimed that the complainant has identified the accused by their face after police told him to do so.
To this,the witness said,It is wrong to suggest that I came to know the names of the accused persons only after Ram Singh was arrested or that I was not aware of their names prior to the arrest of Ram Singh. It is wrong to suggest that there was no light in the bus or that I did not see the face of any accused person or that I do not know about the incident or as to how it happened or how the girl was injured.
Additional Sessions Judge Khanna on Monday directed the hospital to submit medical report regarding Vinays health on Tuesday. Vinay has been unwell since May 6. His counsel sought interim bail on the ground that he be shifted to another hospital so that he gets better treatment.