The prosecutor made the submissions before Additional Sessions Judge Ramesh Kumar while opposing an application moved by counsel for the accused seeking to examine the doctors who had conducted the potency test of 55-year-old accused Shyam Lal, who died in jail in February.
"Prior to prosecution's application to examine several doctors and police officials, the case was already fixed for judgement. The permission was granted to prosecution to examine these witnesses with regard to the potency issue of accused Lal.
The court has now fixed March 19 for further proceedings on the application in the case.
Advocate Dinesh Sharma, who was representing the accused in the case, has filed a plea seeking to recall some doctors of RML Hospital as court witnesses.
According to the prosecution, the nine accused, all vagabonds, had allegedly robbed and gangraped the Danish tourist at knife-point on the night of January 14, 2014, after leading her to a secluded spot close to the Divisional Railway Officers' Club near New Delhi Railway Station.
Lal, who was also in judicial custody, died recently. Three other accused are juveniles against whom inquiry before the Juvenile Justice Board is in progress.
Proceedings against Lal were abated by the court when it was informed by prosecution that a report has been received from Tihar Jail authorities regarding his death.
The court had earlier allowed prosecution's plea to place on record the original medical and potency test report of Lal, who had claimed to be impotent, and to examine three doctors in this regard.
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