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Wednesday, March 13, 2013

Delhi Gang Rape Trial Progresses, Despite Recent Death

A police van at the Saket district court on Monday.Manish Swarup/Associated Press A police van at the Saket district court on Monday.

Ram Singh, the bus driver accused in the Delhi gang rape, was found hanging in his prison cell Monday, but the trial of four other men in the fatal attack on a young woman continues in a special fast-track court.

As of Wednesday afternoon, the prosecution had called 47 of their more than 90 witnesses. They include the 23-year-old physiotherapy student’s male companion, who was also brutally attacked and injured, doctors from the hospital in Singapore where the woman was transferred for treatment and ultimaely died, and doctors who analyzed crucial forensic evidence and prepared a detailed DNA report.

The trial of the five men, who pleaded not guilty to 13 criminal charges including gang rape, murder and robbery, began Feb. 5 in Saket District Court. They are being tried in one of six fast-track courts established for cases of sexual assault after the gang rape sparked massive protests calling for better protection for women. A sixth defendant, who is a minor, is being tried before a juvenile board.

The young woman was stripped and raped by several men in the back of a moving bus, attacked repeatedly with a metal rod and thrown, with her male companion, onto a highway on the night of Dec. 16. She was treated at hospitals in India and Singapore but died from her injuries on Dec. 29.

Yogesh Khanna, an additional sessions judge, has conducted hearings on almost every weekday since the trial started.

In the coming months, the examination and cross-examin! ation of the prosecution’s witnesses will be followed by an examination of witnesses for the defense and the recording of the statements of the accused. The trial will close with lawyers from both sides presenting their arguments, and then Judge Khanna will make a decision.

If the five men are found guilty, they could be punished with the death sentence.

Defense lawyers predict the trial will continue for at least another two months, but the public prosecutor said it was tough to predict a time frame.

“It is hard to say,” said Rajiv Mohan in an interview by phone. “Some witness examinations take days, and others are completed in just a few hours.”

Among other things, protesters who took to the streets in December were demanding that trials involving crimes against women be conducted speedily. Rape trials can often take months or years to resolve in ndia.

Information about the court proceedings remains scarce after the judge declared the hearings “in camera,” or accessible only to those directly connected with the case, and imposed a blanket ban on reporting by the media.

Some information has trickled out as defense lawyers speak with journalists outside the court hall, but information has often proved unreliable.

The case took an unexpected turn earlier this week, when the driver of the bus in which the rape allegedly took place was found hanging from the ceiling of his cell in Tihar Jail. His lawyer and parents contend that Mr. Singh could not have committed suicide and allege that he was murdered.

“I suspect there is foul play,” said V.K. Anand, the lawyer representing Mr. Singh and his brother Mukesh, who is also on trial in the gang rape case. “There were no circumstances for committing suicid! e. His me! ntal state was stable, the trial was going well, he was meeting with his family.”

Mr. Anand said this development will affect the trial as Mr. Singh was the “main accused,” an assertion the prosecution denied.

Mr. Mohan said Mr. Singh’s death would have “no impact,” as the statements of the bus driver carries less weight than forensic evidence or the statement of other witnesses to the crime.

On Tuesday, defense lawyers expressed concern in court over the safety of the remaining defendants, who they say are vulnerable to attacks from fellow inmates and jail authorities.

“If we can’t expect safety of the accused,” said A.P. Singh, who is representing two of the defendants, “how can we expect justice for them”

The judge has asked jail authorities for daily briefings on the security arrangements for the prisoners.



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