Court refuses to quash FIR against Dec 16 accused

New Delhi, April 22 (IANS) The Delhi High Court Monday dismissed a plea by two accused in the Dec 16 gang-rape seeking the quashing of the first information report (FIR) and subsequent proceedings in the case.

Justice Pratibha Rani dismissed the petition filed by accused Mukesh and Akshay Thakur challenging the order of fast track court hearing the Dec 16 gang-rape case. They also sought that the trial be held on alternate days instead of day-to-day.

Asking the court to quash the FIR, the accused said police had manipulated it as the "original complaint was silent about the names of the accused".

Seeking rejection of the entire proceedings arising out of the FIR, the plea said: "All evidence has been procured through torture to implicate the petitioners. They belong to poor families and have no means to fight."

The accused had challenged the March 28 trial court order that had dismissed their petition to hold the trial on alternate days, ruling that such pleas are made to delay the proceedings.

The plea also alleged that police failed to provide them the Hindi translated copy of the FIR and chargesheet.

It said: "The accused are Hindi speaking people and it is difficult for them to understand the facts as they don't know English. Petitioners till date never knew what are the true facts as the entire documents are in English."

The two are accused in the gang-rape of a woman in the national capital Dec 16 last year. She died of her injuries two weeks later in a Singapore hospital where she had been taken for treatment.