A city court today rapped Delhi Police for filing at a belated stage the original report of potency test of a 55-year-old accused, facing trial along with others for allegedly gangraping a 52-year-old Danish woman two years ago.
The court, which has already reserved its judgement in the case for January 21, asked the prosecutor to either file a proper application or a supplementary charge sheet for submitting medical examination documents and potency test report of accused Shyam Lal, who claimed to be impotent.
"I am not taking it on record like this. Either you move a proper application or file a supplementary charge sheet," Additional Sessions Judge Kaveri Baweja said after which Special Public Prosecutor Atul Shrivastava filed a written application in this regard.
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The plea was opposed by the defence counsel who sought time to file a written reply, after which the court fixed the case for January 21 for reply and arguments on the application of the prosecution.
"Prosecutor has filed an application for taking on record documents pertaining to the medical examination i.E. Original MLC and potency test report of accused Shyam Lal along with copy given to CMO and order of the court.
"Copy of application and documents is supplied to the counsel for accused. He states that he may be given time to go through the documetns and to file reply opposing filing of the said documents at this stage," the court said.
During the hearing, the prosecutor said now they are filing original documents of the medical report as they are the best evidence.
He also said the potency test report showed that accused Shyam Lal was subjected to the test while the accused claimed that he had not undergone the procedure.
The court, however, pointed out that there was some additional information in these documents.
The judge also asked the prosecutor regarding the stand of the prosecution as to whether Shyam Lal was actively involved in the act or was he a spectator.
To this, the prosecutor said all nine accused including three juveniles had gangraped the foreign national who has also maintained it in her deposition.
The police has yesterday sought court's permission to
recall an investigating officer and another policeman, who were prosecution witnesses in the case.
On the prosecution's plea, the court had sought a reply from the counsel for the six adult accused. Three other accused are juveniles against whom inquiry before the Juvenile Justice Board is in progress.
According to the prosecution, the nine accused, all vagabonds, had allegedly robbed and gang-raped 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.
All the nine accused were arrested. The six adult accused - Mahendra alias Ganja (26), Mohd Raja (22), Raju (23), Arjun (21), Raju Chakka (22) and Shyam Lal (55) - are in judicial custody and facing trial.
The accused are facing charges of alleged gangrape, kidnapping, wrongful confinement, dacoity with an attempt to cause death or grievous hurt, criminal intimidation and receiving stolen property under the IPC.
During recording of their testimonies, the six adult accused have claimed innocence and alleged that the police had falsely implicated them in the case.
