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This is an archive article published on May 20, 2013

Gangrape trial at fag end,no more recoveries,says trial court judge

Hearing of the December 16 gangrape case,Additional Sessions Judge (ASJ) Yogesh Khanna on Monday dismissed three applications by a defence counsel,seeking polygraph tests on two accused Vinay Sharma and Akshay Thakur,and the victim’s friend,who is the complainant in the case.

Hearing of the December 16 gangrape case,Additional Sessions Judge (ASJ) Yogesh Khanna on Monday dismissed three applications by a defence counsel,seeking polygraph tests on two accused Vinay Sharma and Akshay Thakur,and the victim’s friend,who is the complainant in the case.

ASJ Khanna rejected the applications,filed by advocate A P Singh,saying: “The trial is at its fag end. Few witnesses are left. Even otherwise,polygraph test is a tool of investigation. This is not a stage where further recoveries are to be effected… Hence,the applications are devoid of merit and dismissed.”

Singh had argued that the polygraph tests would “bring out the truth”. In reply,the prosecution argued that the applications ought to be dismissed on grounds that the polygraph test was an “investigative device”.

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Special Public Prosecutor Dayan Krishnan said the court could not permit such tests to be conducted at this stage of the trial,with 77 witnesses examined. He said the results of such tests were inadmissible evidence even when done with the consent of the subject.

The maalkhaana in-charge was examined in court on Monday. Advocate A P Singh presented a photocopy of the maalkhaana register. “The dates had been specified in all other criminal cases except the gangrape incident,because you wanted to hide facts,” Singh said.

The witness deposed that it was wrong to suggest the dates were deliberately not mentioned below his signatures. “It is wrong (to say that) I had added all the entries later on at the instance of the IO… It is wrong to suggest that the word ‘bed-sheet’ was inserted by me later on or that the hand-writing is from a different pen,” he told the court.

Meanwhile,the health of accused Pawan Gupta deteriorated in the courtroom. He complained of nosebleed and was taken to the dispensary in the Saket court complex.

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Gupta’s lawyer Vivek Sharma told the court that Gupta had been feverish for the past few days and had suffered nosebleeds many times since Sunday. He was first taken to doctors in Tihar prison and was later shifted to Deen Dayal Upadhyay Hospital,from where he was discharged on Monday afternoon.

About accused Vinay Sharma,who is under treatment for high-grade fever at LN Hospital,ASJ Khanna said the jail superintendent had “yet again” sent the medical report dated May 16. The judge directed jail authorities to submit latest medical reports in the court on Tuesday.

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