Joined: 30 November 2009
Two of the six accused had on Sunday expressed the wish to turn into state witnesses. Vinay Sharma, a gym instructor, and Pawan Gupta, a fruit-seller, had confessed to their crime when produced before the court on December 19.
The two said they wanted to be witnesses in the case and refused to take the service of a legal aid counsel.
Some lawyers on Monday said they were willing to represent the accused but others expressed their anguish.
One advocate told the court that he was approached by the family of the accused, asking him to defend them.
"I was approached by the family of accused, I should be allowed to meet them here to sign the 'vakalatnama' (contract with the lawyer)," said the advocate.
To this, the judge said he would not be allowed to meet the accused and could go to Tihar Jail to sign the papers.
The incident has caused widespread rage and protests all over the nation, with protests being staged in several major cities, mainly in Delhi.
Police have pledged "maximum security" during the hearing at the magistrates' court amid fears for the defendants' safety. A man was arrested last week as he allegedly tried to plant a crude bomb near the home of one of the men.
Legal experts say the court in the Saket district of the capital would likely transfer the case to a more senior court during Monday's hearing.
"The court will ask them if they have lawyers and then it will appoint an Amicus Curiae (lawyer) to represent them and supply copies of the chargesheet to the accused," said Vishwender Verma, a senior advocate at Delhi High Court.
"The case will then be committed to a sessions court as a magistrates' court cannot try rape and murder cases."
The student, who cannot be named for legal reasons, had spent the evening at a cinema with her boyfriend on the night of the attack. After failing to flag down an autorickshaw, they were lured onto a privste bus they thought would take them home.
Instead, a gang are alleged to have taken it in turns to rape the young woman as well as sexually assault her with an iron bar that they also used to attack her companion. The pair were then stripped and thrown out of the moving vehicle.
Outlining their case before the same court in Saket on Saturday, prosecutors said there was DNA evidence to tie the defendants to the crime scene.
"The blood of the victim tallied with the stains found on the clothes of the accused," said Rajiv Mohan, part of the prosecution team.
He also said police had recovered possessions stolen from the victim and her male friend.
As well as the forensic and other evidence, the woman's friend has testified to police and has reportedly identified the culprits.
The friend in his media interviews, said that passers-by ignored the naked and bloodied couple for 30 minutes after they were thrown out of the bus and police then wasted more time arguing over who had jurisdiction.
"The cruelty I saw should not be seen ever," the 28-year-old man, who also cannot be named for legal reasons, said.
There have been widespread calls for the attackers to be hanged, including from the victim's father.
"At first I wanted to see the men responsible face to face but I don't want to any more. I just want to hear that the courts have punished them and they will be hanged," he told Britain's People newspaper.
"Death for all six of them. These men are beasts. They should be made an example of and that society will not allow such things to happen."
Rape cases are usually held behind closed doors in India and it will be up to the court to decide what the media will be allowed to report.
The police have issued an advisory saying "it shall not be lawful for any person to print or publish any matter in relation to such proceedings" unless they receive permission from the court.
Joined: 30 November 2009
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Joined: 30 November 2009
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Police reject offer, say they have strong case
Two accused in the Delhi gang-rape case on Sunday told a court here that they wished to become prosecution witnesses while two others pleaded for legal aid to help in their defence. But the police said they were not taking the offer to turn approver seriously as they have doubts about the reliability of the accused.
Four of the accused were produced before Metropolitan Magistrate Jyoti Kler in her chamber after expiry of their 14 days of judicial custody. Pawan Gupta and Vinay Sharma refused the services of legal aid counsel and expressed their willingness to become witnesses. The two other accused, Ram Singh and his brother Mukesh, have asked for legal aid counsel.
The magistrate extended the judicial remand of all four till January 19. The magistrate said in open court: "All the accused persons were informed that they can seek legal aid in the case if they have not engaged any counsel. Accused Pawan and Vinay have refused to take service of the legal aid counsel and have submitted that they want to become witnesses on behalf of the State."Prosecutors are known to accept pleas of the accused to turn approver and seek pardon for them when their testimony helps to bolster the prosecution in a case where the crime is not heinous and the role of the accused in the offence is relatively minor.
Reacting to the two accused expressing willingness to turn approver, a senior police officer said: "Even if they turn approver, it does not change our position right now, nor would it affect the outcome of the case vis--vis their culpability. They will be awarded commensurate punishment if held guilty along with others. It is during the proceedings before the court concerned that their applications would come up for hearing," the officer said, adding the police had prepared a watertight case on the basis of scientific evidence and witness statements.
Police say father didn't consent to reveal name
Amid reports that the father of the 23-year-old physiotherapy student, who succumbed to her injuries after she was gang-raped on December 16, wishes the world to know his daughter's name, he is learnt to have denied having given any such consent. "He has categorically denied that he had given his approval to make his daughter's name public," said a senior police officer.
Joined: 19 October 2011
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