Dec 16 gangrape: Court junks doubts over dying declarations

A Delhi court today rejected doubts raised by December 16 gangrape and murder convicts over the authenticity of the victim's dying declaration, and held her statements "consistent" and "corroborative".
Additional Sessions Judge Yogesh Khanna rejected claims of accused Vinay Sharma and Akshay Thakur during the trial that the 23-year-old victim had not recorded any statement before the SDM because she died on December 21 and not December 29 as per official records.
"I hold that all the three dying declarations being consistent, corroborative of the material aspects of the case qua the visiting of the victims to Select city walk, boarding of an auto for Munirka bus stand, the incident that occurred in the bus, the injuries suffered by both the victims, robbing them of their valuables, dumping them in a cold winter night at the dumping spot, the number of accused involved in the incident and their attempt to crush the victims under the wheels," the judge said.

It also declined contention of accused that the name of the assailants were not mentioned in the first statement given by the victim and her male friend.
"The name of the accused at that stage were not even relevant as firstly, the assailants were not known to the victims, secondly, for shock she had suffered due to incident and lastly, the presence of accused, even, otherwise, need to be established by the prosecution," it said.
The judge said sub-divisional magistrate (SDM) and the metropolitan magistrate had recorded the victim's dying declarations and they both had satisfied themselves qua her mental alertness and only thereafter had recorded her declaration.

"Thus, contention of accused also fails," the judge said.