New Delhi,
October 2: Delhi police on Wednesday told a local court that it will try to file
an extra charge sheet by October 15 in the alleged case of rape, murder and
forceful cremation of a nine-year-old Dalit girl at a crematorium in Delhi
Cantonment area on August 1.
Police told the Additional Sessions Judge Ashutosh Kumar, that
the forensic reports were likely to be received by October 15, based on which a
supplementary charge sheet will be filed. The judge directed the Director of
Rohini-based Forensic Science Laboratory to expedite the process and posted the
matter for hearing on October 21.
The victim
who lived in a village in the Cantonment area was found dead by her mother at
the crematorium and was being forced to cremate the remains immediately by the
accused. This triggered widespread and vociferous protests by locals as well as
activists and politicians in the Capital.
On August 28,
police filed a charge sheet, formally accusing four people—the prime accused, Radhey
Shyam (a Hindu priest), and three accomplices - Kuldeep Singh, Salim Ahmed and
Laxmi Narayan—for rape, wrongful confinement, murder, destruction of evidence
under Indian Penal Code sections, and under POCSO (Protection of Children from
Sexual Offences) Act and the Scheduled Castes and Scheduled Tribes Prevention
of Atrocities Act, 1989.
Earlier according
to sources it was already established that the prime accused Radhey Shyam – the
Hindu priest – was habitual of watching porn and the girl also regularly used
to give him massages.
The judge
took cognizance of the charge sheet on September 9 and asked the accused to
appear before it on September 29. On Wednesday, they were produced through
video conferencing from jail where they are incarcerated pending trial. The
victim’s parents were present in the courtroom with their counsel from the
Delhi State Legal Services Authority.
As the court
proceeding in the case was underway the judge was informed that the previous
investigating officer Richhpal Singh had been replaced by Mayank Bansal, who
was also present in the court. The court, however, sought the IO’s response on
an application by Radhey Shyam through his counsel LK Verma, seeking the
preservation of CCTV footage of the crime scene on the day of the incident and
the day after—August 1 and 2 — saying that it would add to a fair trial.
Based on one
of the requests by the defense counsel, the judge ruled, “It is not possible to
provide a separate van for their court production. However, directions have
been given to all the officials to ensure their safety during court production
and in jail.”
During the
course of hearing Laxmi Narayan’s counsel claimed that a case of murder was not
made out against his client and there was a delay of 10 hours in the
registration of the FIR. He also said that the girl was cremated only after her
mother had given her consent and signed the crematorium register.
However, the
judge said that they should wait for the FSL reports. He also said that there
were extra-judicial confessions and even the victim’s mother had said that all
the accused together burnt her daughter.
Police said
in their charge sheet that Radhey Shyam and Kuldeep Singh made extra-judicial
confessions to two witnesses when the public had barged into the crematorium,
caught the accused, questioned them about the pyre on which the girl was
allegedly cremated.
“How can you
say it now that such a case is not made out against the accused? There are
extra-judicial confessions. An extra-judicial confession is admissible although
it is a weak piece of evidence,” the court said.
The police
had earlier told the court that the girl died due to “suffocation” while she
was being sexually assaulted, but the accused tried to dress up the crime scene
to show that she died of electrocution while fetching water from a cooler. For
this, they even threw water on the body.
The court
will now hear arguments on the framing of charges against the accused on
October 21.