New Delhi: A special court on Monday asked the medical superintendent of a government hospital here to file the latest medical report of a December 16 gang-rape accused, who is undergoing treatment, saying that the trial in the case is getting delayed due to his absence.
Additional Sessions Judge Yogesh Khanna asked Lok Nayak Hospital to make clear when accused Vinay Sharma would be in a position to appear before the court so that the statement of the last witness in the case is recorded.
The clarification by the court was sought as Sharma`s latest medical report did not gave a "clear picture" of his health condition.
The court warned that the failure to give a comprehensive medical report about Vinay would invite summons for the Medical Superintendent.
"It is pertinent to mention that reports so far received do not depict a clear picture of medical condition of accused Vinay Sharma. It is also not clear as to when he shall be in a position to appear in the court.
"The Medical Superintendent (MS) of a Lok Nayak Hospital, New Delhi, is directed to provide a comprehensive report stating about latest medical condition of Vinay and as to when he shall be in position to appear, as only last witness needs to be examined, but due to the absence of accused, the trail is being delayed," the court said.
The court has recorded the statements of 79 prosecution witnesses till date but it could not proceed further to record the evidence of the last witness, who is the Investigating Officer in the case, as Vinay is admitted since May 4 in a hospital here after he complained of high fever, sore throat and mouth ulcers.
The recording of the statement of the IO is one of the most crucial parts of the trial.
"Investigation Officer (IO)... Is present for her cross examination but in the absence of one of the accused, it would not be desirable to record her statement, the question of identity of Vinay being involved," the court noted.
Four accused - Vinay, Mukesh, Pawan and Akshay Thakur - are facing trial in the case of gangrape and murder of a 23-year-old paramedical student and attack on her friend on the night of December 16. The girl died of her injuries on December 29 in a Singapore hospital.
The judge said that this order be sent to the MS for compliance. "In case a comprehensive report is not filed, the MS may then be summoned in person to explain the latest condition of the accused," the court said.
He said that the fax copy of latest medical report of Vinay has been handed over to him wherein it is mentioned that the patient is stable at present but the accused needs continuous monitoring of his vitals. He is also planned to undergo Echo-Cardiography today, the judge said, quoting the report.
Meanwhile, Vinay`s counsel moved an application seeking the court`s permission to shift him to a private hospital like Escorts and Apollo or to Medanta in Gurgaon, so that he could be provided better treatment.
Vinay`s medical problems had first started on April 4 when he suffered a fracture in his hand. The accused was again hospitalised on May 4 here after he complained of high fever, sore throat and mouth ulcers.
Out of six accused, Ram Singh was found hanging in his prison cell in Tihar on March 11 and consequently, the trial against him abated.
The juvenile accused in the case is facing a separate trial before a Juvenile Justice Board.