Tue, Jan 08, 2013 - Page 1 News List

Indian gang-rape court proceedings closed to public

Reuters, NEW DELHI

Five men accused of the rape and murder of an Indian student appeared in court yesterday to hear charges against them after two of them offered evidence possibly in return for a lighter sentence in the case that has provoked widespread anger.

The five men, along with a teenager, are accused of raping the 23-year-old physiotherapy student after she boarded their bus on the way home from a movie in New Delhi on Dec. 16. She died two weeks later in a Singaporean hospital.

The attack on the student has ignited protests against the government and anger toward the police for their perceived failure to protect women. It has also provoked a rare national debate about rising violence against women.

A police guard said the men had their faces covered when they entered the courtroom, which had been closed to the public minutes earlier.

The five had already been charged with murder, rape and abduction along with other offenses and the magistrate gave them copies of the charges, a prosecutor in the case said.

Video images showed the men stepping out of a blue police van that brought them from Tihar jail and walking through a metal detector into the South Delhi court.

Following shouting and angry scenes in the packed court, Metropolitan Magistrate Namrita Aggarwal closed the hearing to the media and the public. The court was cleared and police were posted at its doors before the accused were brought in.

“Keeping in view the sensitivity of this case that has risen, the proceedings, including the inquiry and trial, are to be held in camera,” Aggarwal said, before ordering people not connected with the case out of the courtroom.

Aggarwal said the next hearing would be on Thursday. She did not say when the case would go to trial in a separate, fast-track court, set up after the attack on the woman.

Two of the accused, Vinay Sharma and Pawan Gupta, moved an application on Saturday requesting they be made “approvers,” or informers, against the other accused, Mukesh Kumar, Ram Singh and Akshay Thakura, public prosecutor Rajiv Mohan said.

Mohan said he was seeking the death sentence given the “heinous” crime.

“The five accused persons deserve not less than the death penalty,” he said, echoing public sentiment and calls from the victim’s family.

Most members of the bar association in Saket district, where the case is being heard, have vowed not to represent the accused.

However, lawyers Manohar Lal Sharma and V. K. Anand yesterday stood up to offer representation to the men. They were heckled by other lawyers who said the accused did not deserve representation.

“We are living in a modern society. We all are educated. Every accused, including those in brutal offenses like this, has the legal right to represent his or her case to defend themselves,” Lal Sharma said.

The court asked Anand to get the approval of the accused to represent them. If the men, most of them from a slum neighborhood, cannot arrange their own lawyers, the court will offer them legal aid before the trial begins.

Police have conducted extensive interrogations and say they have recorded confessions, even though the five have no lawyers.

Legal experts say their lack of representation could be grounds for appeal should they be found guilty. Similar cases have resulted in acquittals years after convictions.

The sixth member of the gang that lured the student and a male friend into the private bus is under 18 and will be tried in a separate juvenile court.

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