Delhi gangrape: Court dismissed plea of accused for lie detector test

New Delhi: A Special court on Monday dismissed the plea of two 16 December gangrape case accused seeking its permission to undergo lie detector test, saying trial is at its fag end and such test is a tool of ongoing investigation. Besides dismissing the plea of accused Vinay Sharma and Akshay Thakur, Additional Sessions Judge Yogesh Khanna also rejected their application to conduct polygraph test on the victim’s male friend, who was also assaulted along with her in the moving bus here. [caption id=“attachment_799573” align=“alignleft” width=“380”]  Image for representation only. AFP[/caption] “It is pertinent to mention that trial is at its fag end as 77 witnessed have already been examined and few witnesses are only left as per prosecution. Even otherwise polygraph test, admittedly, is a tool of investigation and its legal position has been settled,” the court said while referring to a Supreme Court judgement. The judge also said “the judgement (of apex court) do leave a room for the voluntary administration of the impugned techniques but still questions arise as to the user of such test and the stage at which it is to be used.” “Admittedly it is not a stage where more recoveries are to be effected. Rather the trial is towards its end. Hence the applications are devoid of merit and are dismissed,” he said. Vinay and Akshay, who along with four others, allegedly gangraped a 23-year-old girl in a moving bus here, had filed the application through their counsel A P Singh saying they are innocent and have been falsely implicated in the case. Their counsel submitted before the court that victim’s friend need to undergo lie detector test as he is hiding the true facts of the case and is falsely implicating them. Special Public Prosecutor Dayan Krishna, however, opposed their plea, saying it is an “inadmissible evidence” even when done with “consent”. “A polygraph test is an investigative device and this court is in the midst of a trial wherein 77 witnesses have been examined till date. “It is further submitted that a polygraph test is per se inadmissible even when it is done voluntarily and with the consent of accused,” Krishnan said while opposing the plea. The counsel for accused also said the prosecution story is “totally false” and they have been “fabricated” under government pressure as the public had come on the road due to the brutal assault on the girl and her male friend by six men, which led to the victim’s death on 29 December, 2012. With the proceedings against the main accused Ram Singh having been abated after his death on March 11, the remaining four adult accused Mukesh, Vinay, Akshay Singh and Pawan are facing trial in the case for rape and murder of the girl. The sixth is a juvenile and is facing proceedings before the Juvenile Justice Board. PTI