Accused Vinay Sharma in his application before Additional Sessions Judge Yogesh Khanna claimed he, along with co-accused Pawan Gupta, were not present in the bus in which the alleged incident took place.
Vinay, who filed the application through his counsel A P Singh, said he has been falsely implicated in the case.
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"Accused Vinay's mobile contains a video recording and photos which can establish that he and Pawan were not in the bus on the night of incident," he told the judge, while seeking permission to make a CD of the video.
The court, however, said that they can make a CD out of the video recording as the matter was between the defence counsel and the accused, but, at present, it has nothing to do with the case.
"It is very important defence for the accused, as the mobile contains some exclusive information, which can prove the innocence of my client," the lawyer submitted before the court.
He also said that now the police cannot state that the video was being planted as the said mobile phone was in police custody since the accused' arrest in the case.
"He (Vinay) has not played any role in the commission of the offence, as he was not in the bus nor was he part of the alleged incident. The police have falsely implicated Vinay in the case," Singh told the court.
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