By IANS,
New Delhi: Taking cognizance of the charge-sheet in the Delhi gang-rape and murder case, a Delhi court Saturday issued a production warrant against five of the six accused.
The case against the sixth accused, said to be a minor, would be heard by the Juvenile Justice Board.
Metropolitan Magistrate Namrita Aggarwal issued a production warrant against the five accused for Jan 7.
The judge said: “I have perused the entire charge-sheet, medical report, statements of victims, and other documents.”
“Prima facie offence under sections 302 (murder), 307 (attempt to murder), 376 (2)(g) (gangrape), 377 (unnatural offences), 395 (dacoity), 396 (murder in dacoity), 365 (kidnapping or abduction with intent to secretly or wrongfully confine a person), 394 (hurting in dacoity), 201 (destruction of evidence), 120B (conspiracy), 34 (common intention), 412 (dishonestly receiving stolen property), and 397 (robbery or dacoity with attempt to cause death or grievous hurt) of the IPC are made out against all the accused,” she added.
“I take cognizance of the charge-sheet. All the accused summoned. Issue production warrant against all the accused for Jan 7.”
Police filed the charge-sheet against the five accused Jan 3.
The accused – bus driver Ram Singh, his brother Mukesh, fruit seller Pawan Gupta, gym instructor Vinay Sharma and bus cleaner Akshay Thakur – are lodged in Delhi’s Tihar Jail.
During the hearing, public prosecutor Rajiv Mohan told the court that police have filed all the documents in the case.
“Statement of complainant (victim’s friend), statement of deceased (victim), DNA report, records of Safdarjang hospital, death summary from the Singapore hospital – all are filed,” Mohan said.
He added: “The death summary from Singapore hospital said she died of multiple organ failure, because of multiple organ injuries. Safdarjung hospital report has said she had severe injuries. Blood of the victims has been tallied with the blood spots of the accused.”
Mohan further submitted that “all the documents like victims’ statements, DNA report by CFSL (Central Forensic Science Laboratory), death summary by Singapore hospital, Safdarjung hospital’s record have been filed with the charge-sheet”.
The court was also told that the five or more accused had committed robbery and for this purpose “deadly weapon” was used. “….and because of this deadly weapon, used during robbery or decoity, the victim died,” said Mohan.
“They (accused) destroyed evidence, burnt clothes of the victims, and the burnt cloth piece was recovered at the instance of one of the accused. The blood sample of the accused tallied with the blood on the cloth piece,” he said.
The six on Dec 16 had gang-raped and tortured the 23-year-old physiotherapy intern in a moving bus, leading to multiple-organ failure and her death.
They also assaulted her 28-year-old male friend. Both were thrown out of the bus after around 40 minutes, naked, bleeding and shivering. The friend will be the main witness in the case.
The operative 33-page chargesheet is part of a much bulkier document, which includes the victim’s statement, details of the accused, evidences and forensic reports.
All the accused were arrested between Dec 17-21 following a nationwide outcry over the crime, which also triggered protests in several cities. In Delhi, protesters clashed with security forces.