A fast track court in Saket,hearing the December 16 gangrape case,on Tuesday decided to take custody of the case diary following allegations by the defence that evidence in the case had been fabricated and the diary was likely to be tampered with.
The police have been conspiring against us, V K Anand,advocate for accused Mukesh,said when he was asked what prompted him to request for custody of the case diary. Anand also claimed that his car had been vandalized and several files pertaining to the case had been stolen from his car two days ago.
Dayan Krishnan,special public prosecutor,objected to production of the case diary.
Case diary cannot be used as evidence. It may be used either by the police officer to refresh his memory or by the court to contradict the earlier statements made by the police officer. The accused cannot use it directly or indirectly, Krishnan said.
In deference to Krishnans arguments and Anands apprehension,Additional Sessions Judge Yogesh Khanna directed the photocopy of the case diary to be kept under seal during the trial.
In case the court needs to refer to the case diary,due notice would be given to lawyers of both parties, Judge Khanna said.
Anand cross-examined Pratibha Sharma,Investigation Officer in the case. He questioned her for two hours on the manner in which the case diary on the matter had been maintained. It is through these technicalities that I am going to catch the flaws in this case, Anand declared in court.
Till date the defence has examined eighty witnesses. The prosecution on Tuesday also requested the court to produce Dinesh Yadav,owner of the bus in which the gangrape took place,and Ramadhar,a carpenter who was allegedly robbed by the accused in the case.