The court passed the order after observing that there was enough evidence to put the three accused persons -- Maqsood, Aniruddha Singh and Omprakash -- on trial.
Additional Sessions Judge Anu Grover Baliga, however, discharged Vivek Srivastava for want of evidences, his advocate Sandeep Kapur said.
Srivastava was working in the hotel when the alleged crime was committed.
Kapur had sought the relief for Srivastava claiming that the probe agency "miserably failed to corroborate the version of the complainant with any evidence, document or statement of any other independent witness which could remotely show or connect my client with the commission of any of the offences as alleged by the complainant."
The police had on December 26 last year arrested the accused in connection with the alleged gang rape of the woman in April last year.
The US national arrived here in December last year to join the probe and recorded her statement before a judicial magistrate in which she reiterated that she was raped by five persons in the city hotel.
The accused were arrested after the Delhi Commission for Women (DCW) issued a notice to the police asking why the Rape Crisis Cell of the panel was not informed when the victim's statement was recorded.
She had also stated that the accused had made a video of the act and threatened to make it public if she reported the matter to anyone. She had also told the police that the accused had claimed to have sexually assaulted a couple of other female tourists as well.
A team of psychologists and psychiatrists had assisted the woman in recalling the details of the incident.
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