Move Tihar magistrate for problem with jail authority: Court
New Delhi: A special court hearing the December 16 gang-rape case said the accused can move Tihar jail magistrate directly if they have a problem after their counsel alleged that prison authorities were deliberately not providing him a CD of the security arrangements there.
Accused Vinay Sharma and Akshay Singh's counsel A P Singh sought court's permission to allow him to visit Tihar jail so that he can see the security arrangement for his clients.
The duo's counsel in his application said that security arrangements and shifting of the accused to Rohini jail from Tihar is also pending before the court.
He also claimed that the jail authorities were deliberately not providing him the CD of the security arrangements in jail and have also not given him the recordings for the days during which Vinay was allegedly beaten by cell mates and suffered a hand fracture.
The court, however, refused to grant permission to duo's counsel, saying "I have no jurisdiction. You can approach before the concerned court (at Tihar jail)".
The judge also said, "In case accused has some problem inside the jail, they can directly move an application from the jail itself, but before the jail magistrate".
During cross-examination today, Advocate M L Sharma, who is defending accused Mukesh, alleged that "innocent boys" have been falsely implicated and arrested.
"I am disturbed since December 17, when I heard that few innocent boys have been falsely implicated and arrested in the case," he told the court.
Sharma said this when he was stopped by Special Public Prosecutor Dayan Krishnan and the judge from asking "irrelevant" questions to the witnesses during the cross examination.
Additional Sessions Judge Yogesh Khanna, who is recording the evidence of prosecution witness, stopped Sharma many times from putting "irrelevant" questions to the witnesses saying they have nothing to do with case.
The counsel, however, was unfazed and said that the court might say so at this point of time but it will help them to defend the accused in the case.
Sharma even said that "99 percent of his questions are very much relevant and he will prove it during the final argument in the case".
During the proceedings today, the court asked Sharma as to why he is asking so many questions. The counsel replied, "I don't want to leave any point untouched during the cross examination as these kind of silly questions will help my client to get relief in the case".
The advocate said that the prosecution "is already ready to hang the accused in the case, but I want to do my job fairly".
Initially, five accused in the case were facing trial for allegedly gangraping and assaulting the girl, who died in a Singapore hospital on December 29.
With the proceedings against the main accused Ram Singh having abated after his death in Tihar cell on March 11, the remaining four adult accused--Mukesh, Vinay, Akshay and Pawan Gupta--are facing trial in the case for rape and murder of the girl.
The sixth accused in the case is a juvenile who is facing trial before the Juvenile Justice Board here.