Delhi Police was today allowed by a city court to place on record the original medical and potency test report of a 55-year-old man, one of the accused in a case of gangrape of a Danish woman here, who claimed to be impotent. The court said though there was a “lapse” on the part of the prosecution in not placing on record the medical records for two years during the pendency of the case, the plea cannot be discarded merely on the ground that police failed to trace the documents at the relevant time. It also allowed the prosecution’s plea to summon three doctors who had examined the accused, Shyam Lal.
“I am of the considered view that bringing on record the original MLC and potency test report of accused Shyam Lal and subsequent summoning of concerned doctors is necessary for just and fair decision of the case as the issue regarding potency of the accused is to be proved,” Additional Sessions Judge Kaveri Baweja said. The court’s order came on a plea filed by Special Public Prosecutor Atul Shrivastava seeking its nod to file original medical records and potency test report of Shyam Lal, who has claimed to be impotent, saying it was untraceable earlier.
Advocate Dinesh Sharma, representing the accused, opposed the plea saying it would cause prejudice to his client and there was serious lacunae on the part of police. He argued that the prosecution claimed that due to inadvertence, the potency test report could not be placed on record earlier but record points out that the report was “false and fabricated”. The counsel said if the prosecution’s plea is allowed, the prosecutrix be recalled for her further cross examination to save the accused from prejudice which is going to be caused due to the belated twist in the police’s case.
The court kept pending the issue of recalling the victim saying it would be appropriate if the doctors are first examined. It fixed the matter for tomorrow for examination of two cops, including the investigating officer in the case. According to the prosecution, the nine accused, all vagabonds, had allegedly robbed and gang-raped the Danish tourist at knife-point on the night of January 14, 2014, after leading her to a secluded spot close to the Divisional Railway Officers’ Club near New Delhi Railway Station. All nine accused were arrested. The six adult accused – Mahendra alias Ganja (26), Mohd Raja (22), Raju (23), Arjun (21), Raju Chakka (22) and Shyam Lal (55) – are in judicial custody and facing trial. Three other accused are juveniles against whom inquiry before the Juvenile Justice Board is in progress.
( Source – PTI )