New Delhi: Two out of the four accused in the December 16 gangrape on Friday approached the Delhi High Court against the special court order dismissing their plea for trial to be held on alternate days instead of day-to-day basis. On March 28, the special court had dismissed their plea saying "such pleas are made to delay the proceedings."
"Even the prayer that the trial be conducted on alternate days or that the matter be adjourned every time for different dates to enable the counsel to seek instructions from his accused to cross-examine the witnesses, cannot be allowed, as per section 309 (power to postpone or adjourn proceedings) of CrPC," the court also said. Filing a petition through counsel ML Sharma, accused Mukesh and Akshya also sought quashing of FIR and subsequent proceedings on the ground that police had manipulated it as the original complaint was silent about the names of the accused persons.
"All evidence have been procured through torture to implicate the petitioners. They belong to poor family and have no means to fight," the plea said urging the court to quash the entire proceedings arising out of the FIR. The accused also said police failed to provide them the Hindi translated copy of the FIR and chargesheet.
"The accused are Hindi speaking people and it is difficult for them to understand the facts as they don't know English. Petitioner till date never knew what are the true facts as the entire documents are in English," the petitioners' counsel said. Justice Mukta Gupta fixed April 8 for hearing the case.
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