The Delhi Police on Wednesday told the special fast-track court hearing the December 16 gangrape case that they cannot direct Indira Gandhi National Open University (IGNOU) to provide a copy of the examination schedule to co-accused Vinay Sharma who will be appearing for his BA first year examinations this year.
Responding on behalf of police,special public prosecutor Dayan Krishnan said the matter does not relate to police. He told the court that the Station House Officer concerned cannot be directed to go to the varsity and collect the schedule as the matter is between the accused and the university. How can we go and collect the exam schedule? Krishnan asked. He said Vinays family had full right to collect the exam schedule.
Sharma had filed a plea seeking the examination schedule. His lawyer,A P Singh,had earlier told the court that the accused had taken admission in first year of BA programme at IGNOU in August last year and now needed to appear for the exams.
On Tuesday,the court had asked the Delhi Police to file its response to Sharmas claims that the university was not giving out the schedule,making it difficult for him to prepare for his exams.
Another defence counsel M L Sharma,representing accused Mukesh,had sought exemption from personally appearing in the court on Thursday on the ground that he has another important matter pending and he be allowed exemption.
Turning down his request,ASJ Yogesh Khanna said,I am not concerned with the request. I am not here to make adjournment. He noted that the court had earlier directed lawyer Sharma and also passed an order that if the witnesses are coming in the case,the defence counsel will have to cross-examine them.
You cannot delay the matter like this, the judge said,while directing Sharma be on time in the courtroom on Thursday.
Earlier this week,Krishnan had accused Sharma of employing delay tactics to prolong the trial.
Sharma also moved an application seeking the original Daily Diary register of police to have the record of initial entries when the December 16 gangrape case was first reported. He also accused police of tampering with evidence.
The court,however,responded that the necessary documents are in its custody. Hence,there is no point of tampering with the facts.