Dec 16 accused pleads for time out to write exam, court offers no relief

Dec 16 accused pleads for time out to write exam, court offers no relief

A Delhi court on Wednesday refused to hear the interim bail plea of Vinay Kumar, one of the accused in the December 16 gang rape case, for appearing in an examination, saying it has “no jurisdiction”.

Vinay, who along with three other co-accused is being tried by a special judge at Saket District Courts, moved the bail plea before a vacation court at the Patiala House District Courts here. He contended that vacation judge at the Patiala House Courts had jurisdiction to hear his plea as the cases relating to Vasant Vihar Police Station have been transferred here pursuant to a recent administrative order of the Delhi High Court.

Additional Sessions Judge Dharmesh Sharma, vacation judge at Patiala House courts complex, said, “On perusal of record, I find that the main proceedings are pending before the special designated court/fast track court at Saket courts complex and therefore, this court has no jurisdiction to hear/consider the application moved. The application be sent to the court concerned at Saket courts complex for disposal as per law for tomorrow i.e. June 20,” he said.

Vinay had sought interim bail for a month saying he had to appear in BA (Programme) examination to be conducted by School of Open Learning, University of Delhi. His counsel A P Singh told the court that his first paper was scheduled on Wednesday at 3 PM and Vinay be sent under custody to appear in the examination. During the hearing, special public prosecutor A T Ansari said the trial in the case is going on in a special fast track court at Saket and the interim bail application should have been filed there. Besides Vinay, three co-accused -- Akshay, Pawan Gupta and Mukesh-- are facing trial for allegedly gang raping a paramedic student in a moving bus here.

The victim succumbed to injuries on December 29 last year at a Singapore hospital. Ram Singh, the driver of the bus, who was also an accused, was found dead in Tihar jail in March. Proceedings against him stand abated. The sixth accused in the case is a juvenile who is facing trial before the juvenile justice board.