New Delhi: A Delhi court on Monday reserved its order on a plea by counsel for an accused in the Danish woman gangrape case, who died in jail recently, seeking to examine several doctors on the issue of his potency.
Additional Sessions Judge Ramesh Kumar-II fixed the case for April 18 for pronouncing order on the application after hearing arguments of the prosecutor and the defence counsel.
Proceedings against accused Shyam Lal were abated in the gangrape case of a 52-year-old Danish woman here in 2014. Special Public Prosecutor Atul Shrivastava argued it was a delaying tactics by the defence. He said when the 55-year-old accused was alive and the prosecution had sought the examination of three doctors regarding his potency after he claimed to be impotent, it was opposed by the defence.
"Now, when the accused has died and prosecution does not want to examine those doctors, the defence wants to bring them as court witnesses which would be of no use. As proceedings have been abated against him after his death, no purpose would be served by examining them. They are just trying to delay the trial," the prosecutor contended.
Advocate Dinesh Sharma, who was representing the accused in the case, has filed a plea seeking to recall as court witnesses some doctors of RML Hospital, who had conducted the potency test of Lal, who died in jail in February.
According to the prosecution, the nine accused, all vagabonds, had allegedly robbed and gangraped the Danish tourist at knife-point on the night of January 14, 2014, after leading her to a secluded spot close to the Divisional Railway Officers' Club near New Delhi Railway Station. All nine accused were arrested. The five adult accused - Mahendra alias Ganja (26), Mohd Raja (22), Raju (23), Arjun (21), Raju Chakka (22) - are in judicial custody and facing trial. Lal, who was in judicial custody, died in February.
Three other accused were juveniles against whom inquiry before the Juvenile Justice Board is in progress.
The court had earlier allowed prosecution's plea to place on record the original medical and potency test report of Lal, who had claimed to be impotent, and examine three doctors in this regard.
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