January 29, 2015 8:00:51 pm
The summons issued to 52-year-old Danish woman, who was allegedly gangraped here last year, could not be served upon her to secure her presence as a witness, the Delhi Police told a court here on Thursday.
The investigating officer of the case informed Additional Sessions Judge Kaveri Baweja that the summons issued to the woman by the court have remained unserved.
The court had earlier asked the investigating officer to ensure that summons were served for recording the statement of the woman, residing in Denmark, as it was mandatory.
The police, in its charge sheet, had said that eight persons, all vagabonds, had robbed and gangraped the Danish tourist at knife-point on the night of January 14, 2014 after leading her to a secluded spot close to the Divisional Railway Officers’ Club near New Delhi Railway Station.
During the day, the court recorded testimonies of two prosection witnesses, JPN International Hotel’s owner and a former receptionist of the hotel where the woman had stayed during her visit when the incident took place.
Hotel receptionist Kuldeep Singh, through Special Public Prosecutor Atul Shrivastava, deposed that the woman was staying in the hotel since January 1, 2014 and on the night of the incident when she came back, her clothes were torn and she looked nervous. He also identified the clothes of the woman which she was wearing when she returned to the hotel after the incident.
He said after some time, he saw the victim talking to a Canadian woman, who informed him that she has been raped and robbed by eight-nine persons.
Singh added that the woman had refused to go for a medical examination as also to the spot where the incident had taken place and had given a written complaint to the police.
Similarly, Anil Kumar, the owner of the hotel, situated in Paharganj here deposed that after getting the information of the incident by his receptionist Kuldeep Singh, he went there. He informed about it to officials of Police Station Nabi Karim.
The court has now fixed the case for February 16 for recording of statements of further prosecution witnesses.
The court had earlier directed the investigating officer to furnish a report regarding the procedure to secure the victim’s presence before the court for recording her statement in the absence of mutual legal assistance treaty between India and Denmark.
The court’s direction had come after the IO had informed it that the summon issued to the woman has returned unserved as India does not have a mutual legal assistance treaty (MLAT) with Denmark.
Eight accused, including two juveniles, were arrested in the case. The juveniles are facing an inquiry before the Juvenile Justice Board here.
The six adult accused —— Mahendra alias Ganja (24), Mohd Raja (22), Raju (23), Arjun (21), Raju Chakka (22) and Shyam Lal (55), are in judicial custody and facing trial.
The eight have been booked under Sections 376(2)(g) (gangrape), 397 (robbery or dacoity, with attempt to cause death or grievous hurt) and 392 (robbery) of IPC.
The court had earlier recorded the statement of eye witness Shivji Singh, who was working as a gardener with Indian Railways. He had identified the six men as those who had allegedly gangraped the woman on January 14, 2014 here.
He had deposed that he saw all the accused sitting near the woman as Mahender was committing rape. All the other accused were sitting surrounding the woman and Arjun was carrying a knife in his hand, he had said.
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