Don’t ask about personal intimacy: Court to defence

The fast-track court hearing the December 16 gangrape trial on Thursday stopped the defence counsel from asking questions pertaining to the intimacy between the rape victim and her friend who was with her on the bus at the time of the incident and is the complainant in the case.

Written by Express News Service | New Delhi | Published: May 10, 2013 1:57:07 am

The fast-track court hearing the December 16 gangrape trial on Thursday stopped the defence counsel from asking questions pertaining to the intimacy between the rape victim and her friend who was with her on the bus at the time of the incident and is the complainant in the case.

Advocate V K Anand,appearing on behalf of accused Mukesh,pointed to the MLC report to allege that the complainant shared an illicit relationship with the rape victim.

Anand noted that the man in his statement had said that he had “many female friends” and suggested that the complainant was a “womaniser”.

Objecting to the allegations,special public prosecutor Dayan Krishnan said a victim could not be “re-victimised” in the court. “Rather than cross-examining him,these people are trying to re-victimise the witness,” he said.

Disallowing the question,Additional Sessions Judge Yogesh Khanna said,“This question regarding their intimate relations is irrelevant. You cannot harass a witness like this. The question is being disallowed as being scandalous.”

The court also reserved the right of the defence counsel to cross-examine the witness again at a later stage and ask questions pertaining to an interview he gave to a TV news channel in case the order of the review petition came in their favour.

During his cross-examination,the complainant said he and his friend (the 23-year-old paramedic student who was gangraped on a chartered bus on December 16) were thrown out of the bus after the assault.

He said a PCR van came later and he could not recall how much time passed before police help arrived.

“I was only able to listen to the cries of my friend. I do not know whether police officials fought over jurisdiction. I was conscious but perplexed with the injuries and the incident,” he told the court.

Accused harasses inmates: Tihar

Tihar Jail authorities complained to the fast-track court on Thursday that an accused in December 16 gangrape case,Akshay Thakur,was harassing the inmates in his ward. Akshay,however,told the court that he was beaten and other inmates were forced to sign the complaint against him. ASJ Yogesh Khanna asked the jail authorities to get Akshay medically examined and told the jail superintendent to file a report by Friday.

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