One of the accused in December 16 gang-rape and murder trial today claimed before a special court in New Delhi that the witness did not turn up on his behalf as he is "afraid" and was "tortured" by Delhi Police officials.
The counsel for Vinay Sharma told Additional Sessions Judge Yogesh Khanna that a peanut seller, who had agreed to depose as a defence witness in the case, could not come as he was allegedly threatened by police officials who asked him not to appear in the court and record his testimony in favour of the accused.
The counsel, however, said he should be given a last opportunity so that he can go and explain the witness that he should not fear to come to the court.
Vinay's counsel also said if the witness does not come on that day also, then the court can proceed further.
Allowing the defence submissions, the judge said "I grant one last opportunity for his (witness) deposition...."
While fixing August 21 as the next date of hearing in the matter, the judge said as it (court) is already scheduled to hear final arguments from August 22, so no more opportunity will be given after that.
"I have fixed a date to begin final arguments in the matter, I cannot delay it further," the judge added.
The accused was allowed to bring a peanut seller, who used to sit outside the DDA district park, to prove the entry and presence of Vinay in the park at a musical function held there on the incident night.
Vinay had claimed that on December 16, he had gone to a music event organised by the Church in the DDA district park at Hauz Khas in south Delhi and co-accused Pawan Gupta was also present there. However, the accused's claim was rejected by the prosecution witnesses.
According to the prosecution, Ram Singh, Vinay, Akshay Thakur, Pawan and Mukesh had allegedly gangraped the girl in a moving bus. The victim died of injuries on December 29 last year 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, is facing inquiry before the juvenile justice board.
Meanwhile, the court closed recording of statements of defence witnesses on behalf of three other accused.
Accused Mukesh, during his deposition, had told the court that he was driving the bus in which the girl was sexually assaulted and her male friend was brutally attacked by his brother Ram Singh, Vinay, Pawan, Akshay and the juvenile.
However, the other three accused had claimed innocence and said they were not in the bus. The court also recorded the testimony of the last defence witness on behalf of Pawan who told the court that he is not deposing a false story in connivance with the father of accused and his maternal uncle.
The witness also refuted the police claim that he was "tutored" by accused' father and said Pawan was not in the bus and he was brought to his house on December 16 night from a DDA park as he was heavily drunk.
In the case, the prosecution has examined 85 witnesses to prove its case against the four adult accused. The accused have brought 16 defence witnesses to strengthen their plea of alibi.
