New Delhi: The Delhi Police on Friday told a court that they have gathered clinching evidence supported by the forensic reports to suggest that the 23-year-old paramedic was gang-raped in the same bus on December 16 night, of which the CCTV footage was recovered.
"The bus is shown in the CCTV footage (procured from the hotels from where it passed), photo and Prosecution Witness-1 (the victim`s friend), has also identified the same.
"The curtains, seat cover, bunch of hair recovered from the bus, DNA profile prepared from the articles seized from the bus, proves that the bus was used in the scene of crime and the arrested accused were onboard the vehicle during the gruesome attack," the prosecution told the court.
Special Public Prosecutor Dayan Krishnan, on his second day of final arguments before Additional Sessions Judge Yogesh Khanna, said police have enough evidence and scientific data to corroborate their case.
He said that in this case DNA links the identity of each accused and also the identity of each object which is part of the case.
Referring to the finger print report of Vinay, which proved his presence in the bus and dental forensic evidence of Akshay, Krishnan said "the bite marks on the victim`s body were that of Akshay and Ram Singh and it proves that they also were actively participating in the crime..."
He also said the bus owner had also deposed that the vehicle was in custody of Ram Singh, since deceased, on the night of the incident.
He further said the bus owner Dinesh Yadav had also said that Akshay Thakur was a "helper" in the same bus.
To establish that the six accused, including a juvenile, were in the possession of the bus on the night of December 16, Krishnan relied upon the records of the calls made and received by the deceased, her friend and the accused during that specific time, which also "fixed the route" of the bus while the crime was being committed.
Krishnan further said Mukesh had in his statement itself said he was in the bus, so there was no dispute about his presence at the spot.
He submitted Vinay and Pawan Gupta`s mobile phone number was located in the area in which the incident had taken place.
According to the prosecution, Ram Singh, Vinay, Akshay, Pawan, Mukesh and also the juvenile, who is being tried by the Juvenile Justice Board, had allegedly gangraped the girl in a moving bus after luring her and her 28-year-old male friend who was also assaulted.
The victim`s friend, a software engineer, had fractured his limbs during the scuffle. The girl succumbed to her injuries on December 29, 2012 while undergoing treatment in a Singapore hospital.
During the trial, Ram Singh was found dead in Tihar Jail on March 11 and court proceedings against him stand abated. The sixth accused, a juvenile, has been held guilty by JJB of robbing the carpenter while the verdict in the gang-rape case is likely to be pronounced on August 31.
The accused plea of alibi was opposed by Krishnan who, in his argument, said police have scientific and medical evidence to show that the accused was present in the bus.
"The DNA profile developed from the blood of Ram Singh, Vinay, Pawan, Mukesh and Akshay matched....The girl," he said.
Krishnan said there was no question of any evidence being planted by the police as the rods used in the crime was also recovered at the instance of Ram Singh.
He said the blood stains found on the rod also matches with victims` blood.
"The blood stains found on the clothes of all the accused clearly matched with the victim`s blood," Krishnana submitted.
"She (the girl) had lost large amount of blood in the bus itself. The sleeper of each accused has blood stains, which was of the victim, and proves that she was bleeding profusely inside the bus...," Krishnan said.