High Court defers hearing on reference in Dec 16 gangrape case
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The Delhi High Court on Wednesday deferred to October one hearing on the death penalty reference against four convicts in the December 16 gangrape and murder case and directed the police to supply to offenders the necessary set of documents.
A bench of justices Reva Khetrapal and Pratibha Rani listed the matter for Tuesday after the counsel for the four convicts submitted that they did not have the same paper books (set of documents) with which prosecution will present the case before it.
The court had on Tuesday fixed the hearing of the death penalty reference on a day-to-day basis against convicts Mukesh (26), Akshay Thakur (28), Pawan Gupta (19) and Vinay Sharma (20) from today.
The defence counsel informed the bench that they have not been provided with the set of documents either by the court's Registry or by the prosecution on a court's query whether they have received the paper books to start the arguments.
Special Public Prosecutor Dayan Krishnan agreed to supply the complete paper books to the defence within two days. The bench also asked the Registry to furnish a translation of the 23-year-old victim's dying declaration from Hindi to English language and relevant statements of witnesses under section 161 and 164 CrPC."The State has got prepared the paper books (except the translation) and in order to expedite the same, they (police) will furnish it within two days.
"Registry shall accordingly furnish the translations... the handful of documents to the parties which have already been exhibited by the trial court," the bench said. It said in case the parties need any other document, they could either inform the court or the Registry.
The bench had yesterday rejected the contention of the convicts' counsel who had opposed early hearing of the reference, saying that it will start from today hearing the background of the case.