New Delhi: A Delhi court on Monday recorded statements of two prosecution witnesses, including a magistrate, in a case in which a 52-year-old Danish woman was allegedly gang-raped by eight persons here last year.
Additional Sessions Judge Kaveri Baweja recorded the testimonies of metropolitan magistrate Ajay Malik and Delhi Police inspector Mahesh.
Magistrate Malik said he had recorded the statement of eyewitness Shivji Singh under the provisions of the CrPC and also conducted test identification parade (TIP) proceedings of the case property.
Inspector Mahesh deposed that he had prepared site plan of the place where the gangrape incident occurred.
The statement of the magistrate, recorded through special public prosecutor Atul Shrivastava, remained inconclusive and the deposition of another Delhi Police official was deferred and they would be cross examined by the defence counsel on the next date of hearing, May 7.
The police, in its charge sheet, had said that eight persons, all vagabonds, had 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.
The eight accused, including two juveniles, were arrested in the case. The two juveniles are facing an inquiry before the Juvenile Justice Board here.
The court had earlier issued fresh summons to the woman to appear before it on July 1 for recording of her testimony.
It had issued the summons again as the earlier one, issued on January 13, could not be served upon the woman to secure her presence as a prosecution witness and Delhi Police had sought some time for calling her here.
The court had directed that summons be issued to the woman, who resides in Denmark, according to the guidelines of the External Affairs Ministry which required a processing time of at least three months.
It had earlier directed the IO to furnish a report regarding the procedure to secure the victim's presence before the court for recording her statement in the absence of mutual legal assistance treaty between India and Denmark.
The court's direction had come after the IO had informed it that the summon issued to the woman has returned unserved as India does not have a mutual legal assistance treaty (MLAT) with Denmark.
The six adult accused - Mahendra alias Ganja (24), Mohd Raja (22), Raju (23), Arjun (21), Raju Chakka (22) and Shyam Lal (55), are in judicial custody and facing trial.
The total eight accused have been booked under sections 376(2)(g) (gangrape), 397 (robbery or dacoity, with attempt to cause death or grievous hurt) and 392 (robbery) of IPC.
