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This is an archive article published on November 2, 2013

Dec 16 rape: HC begins hearing death reference

The hearing on the death sentence reference and appeals filed by the four men convicted in the December 16 gangrape case commenced before the Delhi High Court on Friday.

The hearing on the death sentence reference and appeals filed by the four men convicted in the December 16 gangrape case commenced before the Delhi High Court on Friday,with Special Prosecutor Dayan Krishnan presenting the background of the case.

On September 13,a trial court had awarded death penalty to all the accused — Mukesh,Pawan,Vinay and Akshay Thakur — after they were convicted of the rape and murder of a 23-year-old paramedic student. She was was gangraped aboard a moving bus on December 16 last year and died 13 days later in a Singapore hospital.

Krishnan also referred to the evidence given by the woman’s friend,who was present in the bus during the incident.

The hearing will resume on Wednesday and will be taken up on a day-to-day basis,the court said.

On Friday,the hearing proceeded without Advocate M L Sharma,counsel for convicts Mukesh and Pawan after the prosecution told the court of Justice Reva Khetrapal and Justice Pratibha Rani that the Supreme Court had in a recent judgement held that “dilatory tactics”,such as non-appearance by a defence lawyer,should not be allowed to delay the proceedings.

“The date for today’s hearing was fixed on the request of the defence counsel. Why is he not here?” the court said. When the families of the two convicts informed the court that the lawyer was held up at the Supreme Court,the court first adjourned the hearing for one hour,and then refused the plea for adjournment. “Should we appoint an amicus for you if your lawyer is not coming?” the court said.

During his arguments,Krishnan said the trial court had correctly convicted the four men on the basis of forensic and scientific evidence,the statement of the woman’s male friend,and three dying declarations given by the woman while she was being treated at Safdarjung hospital.

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