Accused Vinay Sharma in his application before Additional Sessions Judge Yogesh Khanna claimed he, along with co-accused Pawan Gupta, were not present in the bus in which the alleged incident took place.
Vinay, who filed the application through his counsel A P Singh, said he has been falsely implicated in the case. The lawyer told the judge that the application was moved after Vinay informed him that his mobile has a video clip, which allegedly shows that the two went to a music function in south Delhi.
"Accused Vinay's mobile contains a video recording and photos which can establish that he and Pawan were not in the bus on the night of incident," he told the judge, while seeking permission to make a CD of the video.
The court, however, said that they can make a CD out of the video recording as the matter was between the defence counsel and the accused, but, at present, it has nothing to do with the case. "It is a very important defence for the accused, as the mobile contains some exclusive information, which can prove the innocence of my client," the lawyer submitted before the court.
He also said that now the police cannot state that the video was being planted as the said mobile phone was in police custody since the accused' arrest in the case. "He (Vinay) has not played any role in the commission of the offence, as he was not in the bus nor was he part of the alleged incident. The police have falsely implicated Vinay in the case," Singh told the court.
The counsel also said Vinay and Pawan went along with their friend to the music function at district park near R K Khanna Tennis Stadium in south Delhi. He said the friend of the two accused could be a crucial witness to prove their innocence in the case.
Meanwhile, the court on Thursday directed counsel M L Sharma, appearing for accused Mukesh, to remain present before it on Friday so that he can cross-examine the prosecution witnesses.
Special Public Prosecutor Dayan Krishnan on Thursday raised objection over Sharma's absence from the court, even after being specifically asked to come. Krishnan said that defence counsel (Sharma) is trying to completely derail the proceedings and is making a "deliberate attempt to delay the trial".
The judge said, "I am also concerned about it. Lets see from tomorrow."
Till date, 65 of the prosecution witnesses have deposed in the court. Initially, five accused in the case were facing trial for allegedly gang raping 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 on March 11, the remaining four adult accused -- Mukesh, Vinay, Akshay Singh and Pawan -- 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 in New Delhi.
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