The Saket Courts on Saturday took cognisance of the 33-page chargesheet filed by Delhi Police in the December 16 gang rape of the 23-year-old woman and directed police to produce five of the six accused on Monday.
It came after metropolitan magistrate Namrita Aggarwal perused the chargesheet that was filed by Delhi Police before metropolitan magistrate Surya Malik Grover on January 3.
The formal set of charges, which came along with over 1,200 pages of evidence, was filed against Ram Singh, his brother Mukesh Singh, Pawan Gupta, Vinay Sharma and Akshay Thakur.
“I have perused the entire chargesheet, medical report, statements of victims, and other documents. I take cognisance of the chargesheet. All the accused are summoned. Issue production warrant against all the accused for January 7,” she ordered.
Prima facie offence under sections 302 (murder), 307 (attempt to murder), 376-2G (gang rape), 377 (unnatural offences), 395 (dacoity), 396 (murder in dacoity), 365 (kidnapping), 394 (hurting in dacoity), 201 (destruction of evidence), 120B (conspiracy), 34 (common intention), 412 (dishonestly receiving stolen property), and 397 (robbery or dacoity with attempt to cause death or grievous hurt) of the IPC are made out against all the accused, she added.
Typo in chargesheet
Ironically, police forgot to mention murder section to certain pages in the document, despite announcing that the provision was included in the FIR following the woman’s death on December 29.
During the hearing, public prosecutor Rajiv Mohan representing police reiterated request to the court that the documents containing the name of the victim be kept in a sealed cover to protect her identity.
Metropolitan magistrate Aggarwal thereafter ordered that the case file containing the hard copy of the chargesheet, e-chargesheet and FIR be kept under the court’s seal.
The prosecutor also told the court that the chargesheet names 80 witnesses. Mohan further informed that police are relying on the woman and her male friend’s statements.
“The statements of the victims clearly spell out the commission of all offences,” he said, adding according to the DNA reports, the gang rape victim’s blood matched the bloodstains found on the clothes of the accused. The Central Forensic Science Laboratory has confirmed it.
The prosecution further said they have also booked the accused for destroying evidence as they have secured burnt clothes at the instance of the accused.
The court was also told that the accused used a ‘deadly weapon’ to attack the woman and her male friend. Mohan later stated that the woman’s post-mortem report is likely to be handed over to police by January 20.
The sixth accused is a 17-year-old boy who has not been included in the chargesheet. A supplementary chargesheet will be filed if results of an ostification test prove he is a major, otherwise his case will be tried in Juvenile Justice Board.