Delhi bus gangrape: SC debars male friend's interview as evidence
By Jagdeep Worah
03 May 2013
A bench of the apex court headed by Chief Justice Altamas Kabir set aside an earlier ruling by the Delhi High Court that the recording of the interview given on 4 January could be used as evidence in the trial of the case.
The court passed the order on a petition filed by the Delhi government challenging the 7 March order of the high court.
The victim, a 23-year-old paramedical student, was gang raped by six people in a moving bus; her friend was also severely beaten. Both were thrown out naked from the bus; the student died of her injuries 12 days later.
Her 28-year-old male friend, the sole eyewitness apart from the culprits, said in an interview that the brutal assault with the unbridled use of metal rods lasted more than an hour.
He had said that the gang on the bus was seeking to run the lady over, but he pushed her out of the way.
The Supreme Court bench said the interview took place after the chargesheet in the case was filed, and hence could not be used as evidence.
With proceedings against the main accused Ram Singh having abated after his death in custody on 11 March, the remaining four adult accused - Mukesh, Vinay Sharma, Akshay Singh and Pawan Gupta - are facing the murder rap.
The sixth is a juvenile and only has to face the Juvenile Justice Board.