A fast-track court on Monday said the trial for the December 16 Delhi gangrape was getting delayed due to the absence of one of the accused in the case,who is now suspected to be suffering from a heart ailment.
The last prosecution witness and the main investigating officer of the case,a Delhi Police sub-inspector,was in the courtroom to record her statement on Monday. However,the witness could not be examined as accused Vinay Sharma,who was hospitalised earlier this month after he complained of high fever,sore throat and mouth ulcers and is undergoing treatment at a government hospital,could not attend the proceedings.
Additional Sessions Judge Yogesh Khanna asked the medical superintendent of Lok Nayak Hospital to file another medical report on Sharmas health and make it clear when the accused would be in a position to attend the hearing so that the statement of the last witness in the case can be recorded.
Noting that the current report did not give a clear picture of Sharmas health,Khanna said in his order: A fax copy of the latest medical report of Vinay was handed to me. The patient is stable but needs continuous monitoring of his vitals. He is also planned to undergo echo-cardiography today. Reports so far received do not depict a clear picture of medical condition of accused Vinay. It is not clear when the accused shall be in a position to appear in court as the trial is being delayed.
Directing the medical superintendent of LN Hospital to provide a comprehensive report on Sharmas latest medical condition,the court said the medical superintendent would be summoned if doctors fail to submit the report.
In case a comprehensive report is not filed,the medical superintendent may then be summoned in person to explain the latest condition of the accused, Khanna said.
The court has already recorded the statements of 80 prosecution witnesses till date but it could not proceed further to record the evidence of the last witness.
The deposition of the IO is considered to be one of the most crucial aspects of the trial. The IO is present for her cross-examination but in the absence of one of the accused,it would not be desirable to record her statement,the question of identity of Vinay being involved, the court noted.
Khanna said that this order should be sent to the medical superintendent of LN Hospital.
Sharmas counsel moved an application seeking the courts permission to shift him to a private hospital for better treatment.