Last chance for Dec 16 convicts' lawyer

The Delhi High Court Tuesday gave a "last opportunity" to the counsel of two convicts facing death sentence in the Dec 16 gang rape-cum-murder case, to appear before it Wednesday.

It said otherwise an amicus curiae will be appointed in the case.

A division bench of Justice Reva Khetrapal and Justice Pratibha Rani, miffed by the conduct of advocate M.L. Sharma, representing Pawan Gupta and Mukesh Singh in the case, for his non-appearance, said it will appoint amicus curiae (lawyer to assist the court) Wednesday.

The bench also said that both the convicts had even said they have no objection in appointment of amicus curiae, when it asked them.

"There is no representation of counsel M.L. Sharma, though yesterday (Monday) we had apprised the counsel for Mukesh and Pawan that the matter would be heard today (Tuesday). Advocate not present after lunch and not even his associate is present," the bench said.

The court said: "We find that every attempt is being made to protract the matter in one way or other... We make it clear that we will hear the arguments from advocate M.L. Sharma. Last opportunity is granted to M.L. Sharma for tomorrow (Wednesday), failing which we will appoint amicus curiae."

Advocate A.P. Singh, appearing for two other convicts Vinay Sharma and Akshay Thakur, continued his arguments against death penalty.

He said that when the victim met her mother in the hospital, she did not tell her about the incident, even the complainant, her male friend, also did not tell about the incident to his relative.

"The father and other relatives of the complainant are criminal lawyers, so he knew how to deal with such cases and he disclosed the incident to the police on the behest of his relatives," he argued.

The trial court Sep 13 awarded death sentence to Mukesh, 26, Akshay, 28, Pawan, 19, and Vinay, 20, convicted in the case, and referred the case to the high court for confirmation of their sentence.

A physiotherapy student, 23, was brutally gangraped in a moving bus by six people, including a juvenile. The accused then threw her and her male companion out of the vehicle, stripped of clothing, to die by the roadside on the cold December night.

The woman died of grave intestinal injuries Dec 29 at Singapore's Mount Elizabeth Hospital, where she was airlifted for specialised treatment.

One of the six accused was found dead in a cell in Delhi's Tihar Jail. A juvenile involved in the crime was Aug 31 sent by the Juvenile Justice Board to a reform home for three years, the maximum term under the juvenile law.