Akshay Thakur and Vinay Sharma are also facing trial for allegedly beating up and robbing a carpenter, Ram Adhar, before raping and assaulting a 23-year-old girl in a moving bus in south Delhi on December 16, last year.
Additional Sessions Judge Daya Prakash fixed the plea for January 10 for consideration.
Akshay and Vinay alleged in their application that the whole prosecution story was baseless as there was no public witness and no cause of action and reason for indulging in such an offence.
Akshay, Vinay, Mukesh and Pawan Gupta are facing trial in the robbery case and the court is presently recording statements of prosecution witnesses.
The court had on July 15 framed charges of kidnapping and dacoity against the four accused.
The court has put on trial accused Akshay, Mukesh, Pawan and Vinay for the offences under various sections of the IPC, including sections 395 (dacoity) and 365 (kidnapping or abducting with intent secretly and wrongfully to confine a person).
The victim who was gangraped by the men had died in a Singapore hospital on December 29. Key accused Ram Singh had allegedly committed suicide in Tihar Jail on March 11. Proceedings against Ram Singh have abated following his death.
Besides them, a juvenile was also sentenced to three years in reform home in the gangrape and murder case by the Juvenile Justice Board. He was also held guilty in the robbery case.
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