Delhi gang-rape: Trial to continue in fast-track court

Doctors testify in fast-track court

A fast-track court will on Monday continue its hearing in the brutal Delhi gang-rape case.
 
Notably, five of the six accused are being tried for charges of rape and murder of a 23-year-old student. The trial in the fast-track court began on February 05, around 50 days after the medical student's brutal rape.
 
The fast-track court started day-to-day trial in the case last week after framing charges of murder, gang-rape and kidnapping, among others, under various sections of the Indian Penal Code (IPC) against the five accused.
 
The gang-rape victim's male friend, a software engineer, who was also attacked along with her on the bus, also appeared as a witness in the court on a wheelchair accompanied by his father.
 
The case of one juvenile accused is being heard by the Juvenile Justice Board.

The court had earlier restricted media from reporting the proceedings in the case and ordered an in-camera trial.

Doctors testify in fast-track court

Four doctors of the All India Institute of Medical Sciences (AIIMS) testified in the gang-rape case before the fast-track court. 

The medics had conducted conducted Medico Legal Certificate (MLC) test of five of the accused, reported indiatvnews.com.

Two doctors of Safdarjung Hospital, who treated the victim, were also summoned to the court on Saturday. 

Earlier, the girl's male friend and the only eye-witness to the gory assault had testified in court. He is yet to be cross-examined by the defence.  

EARLIER STORY: India fails to check rampant sexual abuse of children

India's government has failed to curb the rampant sexual abuse of children, especially in schools and state-run child care facilities, a rights group said Thursday.

Human Rights Watch cited in its report the recent fatal gang-rape of a young woman on a New Delhi bus in December, an attack the shook the conscience of the nation and forced people to introspect on the way women are treated in India.

The outcry forced the government to rush through new laws to protect women. A government panel appointed after the attack to examine the country's treatment of women also shone a light on the high incidence of child sexual abuse and the failure of the government to ensure the implementation of child protection laws.

Child rights activists say the government needs to implement the panel's recommendations on preventing child sexual abuse as well.

The new report from Human Rights Watch said such abuse is disturbingly common, government responses are falling short in protecting children and in treating victims. The report urges the government to ensure rigorous implementation of child protection laws and strict monitoring of child care facilities. It calls for an end to traumatic medical examinations and insensitive treatment by police and other authorities, which subject victims to further distress.

There are no clear statistics on the number of child abuse cases in India, primarily because of the low reporting of such crimes. India's ministry of women and child said in 2007 that around 70 percent of abused children never reported the matter to anyone.

Despite the low reporting levels, the ministry then said 53.2 percent, or one out of two, children in India, reported having faced one or more forms of sexual abuse. This statistic is even worse for state-run or -funded homes, activists said.

"The vulnerability of children to sexual abuse is very high, and it becomes worse because there is nobody monitoring these children's homes," said Anuja Gupta of the Recovering and Healing from Incest, or RAHI, Foundation in New Delhi.

She said in many child care facilities, the abuse was committed by the people in charge of taking care of the child.

"When the caretaker himself is the abuser, the situation is especially traumatic because then the child has nowhere to go," Gupta said.

Human Rights Watch said the inspections of state-run child facilities were inadequate, with many facilities not registered with the government as mandated by the law.

"Shockingly the very institutions that should protect vulnerable children can place them at risk of horrific child sexual abuse," said Meenakshi Ganguly, South Asia director, Human Rights Watch.

While the government in 2012 passed a comprehensive law to protect children from sexual offenses, its efforts to implement the law remained poor or nonexistent, activists say.

While child abuse is a problem elsewhere, in India it is further aggravated by poorly trained police officers who refuse to register complaints or encourage the victims to seek a settlement. Convictions are rare and cases can languish in the country's sluggish criminal and judicial process for years, if not decades.

Victim's friend testifies; Girl died but awakened nation, says father

The companion of an Indian medical student who died after being gang-raped identified Tuesday the bus on which the attack took place as he testified in the trial of five adults accused of her murder.

The 28-year-old, confined to a wheelchair as a result of injuries sustained in the attack, confirmed that a white bus was the vehicle on which the deadly assault took place on December 16, his father told AFP.

"Yes, my son could identify the bus. The cross-examination is going to start now," said the father, whose son cannot be named for legal reasons.
Although proceedings are subject to a gagging order, police allowed reporters to see the young man being taken in the company of lawyers and the judge to the bus which has been parked in the court compound.

No photographs were allowed.

He then returned inside the courtroom where he was expected to be cross-examined by lawyers for the five adult accused, who have all denied murder, rape and robbery charges.

A sixth defendant is being tried separately as a juvenile.

"My son will go to any lengths to ensure that the guilty are punished," the father had earlier told AFP as the two of them entered the courtroom in the Saket district.

"He will cooperate and is prepared to answer any questions posed by the defence."

The 23-year-old medical student died in a Singapore hospital on December 29 from massive internal injuries she sustained during the savage bus assault a fortnight earlier which caused outrage across India.

She and her companion had spent the evening at the cinema and were lured onto the off-duty bus after failing to flag down an autorickshaw to take them home.

As well as taking turns to rape the woman and violating her with a rusty iron bar, the group attacked her companion so badly that he is still unable to walk properly.

He is the main witness in a case that is being held in a special fast-track court.

The judge has banned all reporting of proceedings inside the courtroom and ordered lawyers not to speak to journalists.

Meanwhile the father of the student spoke of the toll that the case had taken on him and reiterated his desire to see his daughter's killers hanged as he appeared at a press conference.

"I don't read newspapers or watch TV. I only want that all the six people should be hanged," he said.

"I have not been able to sleep for three days. I am running fever. I have pain in the legs."

The father was speaking at a press conference organised by local leaders of the main opposition Bharatiya Janata Party who want to name a new science museum in Delhi after her.

"We will do everything that will give respect and dignity to her memory. We want her to become a symbol of change in the society," the BJP leader in Delhi Vijender Gupta said at the press conference.

Five main accused plead not guilty

Five men pleaded not guilty on Saturday to charges they gang raped and murdered an Indian trainee physiotherapist, in a case that led to a shake-up of laws against sexual crimes after protests about a rising number of attacks on women. 

A Reuters witness saw the men file into the court room with their faces covered, where lawyers in the case said they were read thirteen charges including murder, which carries a maximum penalty of death. They left after 15 minutes. 

"After the judge read out the charges, the five pleaded not guilty and walked out" said A P Singh, a lawyer defending two of the accused, Vinay Sharma and Akshay Thakur. 

Singh said the next hearing will be held on Feb. 5, when the prosecution will call three witnesses to the formal start of the trial. 

A sixth person police say was part of the gang that attacked the woman and her friend is a juvenile and will be tried separately. 

Police say the gang lured the 23-year-old physiotherapy student onto a bus, where they repeatedly raped and assaulted her with a metal bar before throwing her bleeding onto a highway. She died of internal injuries two weeks later. 

India's cabinet has approved harsher punishments for rapists, including the death penalty, after a brutal gang-rape in New Delhi that sparked national outrage.

A government-appointed panel recommended the changes to ministers after the death of a 23-year-old woman who was savagely raped and attacked in a bus on December 16 and died nearly two weeks later.

The case ignited nationwide demonstrations by protesters demanding better safety for women.

The changes, which must be approved by President Pranab Mukherjee to become law, include doubling the minimum sentence for gang-rape and imposing the death penalty when the victim is killed or left in a vegetative state.

"We have taken swift action and hope these steps will make women feel safer in the country," Law Minister Ashwani Kumar told reporters late on Friday.

"This is a progressive piece of legislation and is consistent with the felt sensitivities of the nation in the aftermath of the outrageous gang-rape," he added.

The changes to the rape laws are expected to be approved by Mukherjee as early as this weekend but must be ratified by parliament or they will lapse.

Under the changes, the minimum sentence for gang-rape, rape of a minor, rape by policemen or a person in authority will be doubled to 20 years from 10 and can be extended to life without parole.

Under the current law, a rapist faces a term of seven to 10 years.

The cabinet has also created a new set of offences such as voyeurism and stalking that will be included in the new law.

Five men are being tried in a special fast-track court in New Delhi on charges of murder, kidnapping and rape in connection with the death of the student, who died after being airlifted to a Singapore hospital.

A sixth suspect faces trial in a juvenile court.

India says it only imposes the death penalty in the "rarest of rare cases".

Three months ago, it hanged the lone surviving gunman from the 2008 Mumbai terror attacks -- the country's first execution in eight years. 

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Comments

  • Kabeer 4 April 2013 11:30 0 0
    I pity the lawyers who are trying to save the Accused. Is money everything to these people?It has been 2 months,do they not know the meaning of Fast Track.This has been our weak point since always.We are emotional people,we get angry, upset and happy very easily.We sweep away in feelings in spur of a moment and then forget in some time.People will forget in some time; this strategy has always worked in favor of corruption and wrong doing.There has to be some limits to our Optimism as well.
  • narra vishnumurty 21 March 2013 12:09 2 0
    I won't wonder if they were awarded just 2 years imprisonment by making use of the loopholes in the present legal/judicial system....
  • Frollop 9 March 2013 09:59 4 0
    Him being a juvenile doesn't mean he shouldn't suffer the same consequences as the rest of them! These men all disgust me...how could anyone do that to another human being?
  • A miserable indian 8 March 2013 10:16 1 0
    All the accused will be given a ticket to stand for elections!
  • Peace to Jyoti Singh 2 March 2013 17:09 2 0
    I feel so sad for this family. Joythi is gone but please help the family to move on.
  • Subroto Ghosh 1 March 2013 01:36 3 0
    The Rapists including the juvenile rapist should be hanged at the earliest. Until then we Indians, wherever we may live, should hang our heads in utter shame.
  • ay 25 February 2013 17:56 1 0
    a juvi...!!! they should be given punishment what they deserve... No need of prolonging the case.
  • Seema 20 February 2013 03:30 10 0
    50 days after the crime is when the trial began n 15 days on with no judgement! Instead listening to the hideous allegation of that stupid, corrupt, narrow minded, criminal minded lawyer defending the criminals.... How did he get the degree to practice law in the first place!!! they call things to be fast track- r they out of their mind... !
  • Fed Up 18 February 2013 23:54 11 1
    This isn't just rape anymore, this is murder, torture, and disgusting! This woman didn't have a chance. Don't these men have sisters, daughter, wives or mothers?
  • Swarn Rahi 18 February 2013 16:39 12 0
    Why court is wasting its own time and our time. Given them severe punishment as quickly as possible.
  • Tim from Germany 17 February 2013 14:50 7 5
    Seems that india is not yet ready for proper treatment of such matters. When corruption is banned and the entire subcontinent really has ONE centralized government, maybe then more justice will be possible. I do not necessarily mean death sentence, but these monsters have to be punished at all - now.
  • Ice 16 February 2013 08:08 15 0
    It's a freaking open-and-shut case. What is this fast track court. Nonsense? Just hang them. Don't let the poor girl's sacrifice go in vain.
  • Sandra Ericson 15 February 2013 03:06 7 0
    I say hang them all..!! Let them be a testimony to those men who think to do the same thing against women.
  • Indian woman, moved West 20 years ago 13 February 2013 16:26 17 0
    I cannot begin to localise this pain, this outrage, this anger without name. It is a despair in the pit of our collective souls, for the insanity of a people who have learned to look the other way so long that such savagery is allowed to exist. Indian people need to accept their complicity in this countrywide shame. We must treat our women and our children better, or there is no future worth having.
  • Ummpa 13 February 2013 15:36 5 12
    Most of you feeling the pain but you are calling demo-crazy. No way it's going to solve the problem. Follow the sharia law.
  • Melissa 12 February 2013 19:49 24 22
    The USA should withdraw all funding to India until India protects and respects women, children and babies.
  • Uaereader 12 February 2013 12:30 25 1
    nothing happened so far, I am shocked at the lawyers who are trying to save them to justify the fees they have taken for these inhuman beasts!! Wihsing India could have genuine people as their leaders!!
  • Girish 12 فبراير 2013 09:53 21 0
    In India they say Judiciary is blind as a idol with a balance in hand is displayed with blind fold to show that justice will be given without prejudice. But now we can say that Justice and Judiciary is not only blind but deaf and dumb and handicapped!
  • Anonymous 12 February 2013 09:01 33 1
    Oh gosh I so feel like going to India and killing them myself... and that lawyer is protecting them is bribed...the girl deserves justice!
  • HMis 11 February 2013 18:23 13 0
    Come on, India!

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