A Delhi court has raised questions on maintainability of application of one of the death-row convicts in Nirbhaya rape case which has sought registration of FIR against the girl's friend for perjury for giving false testimony.
The complaint, filed by the father of Pawan Kumar Gupta, claimed that the boy accompanying Nirbhaya in the bus turned the case into a "media trial" by charging money from news channels to give interviews.
"This call for an independent investigation into the perjury committed by him, being the sole witness, his testimony has strongly influenced the outcome of the case," the complaint stated. Perjury relates to willfully making a misrepresentation under oath.
"What cognizable offense is made out in your complaint?" Metropolitan Magistrate Sudhir Kumar Sirohi said on Friday, adding that said that the witnesses record statements under oath and what they say outside the courtroom cannot raise a question on their credibility as a witness.
The court will decide the maintainability of the petition on the next date of hearing i.e. December 20. Pawan, among, five others, had in 2012 gang-raped and murdered a 23-year-old paramedic student.
The sole eye-witness, a friend of a 23-year-old victim, was accompanying her on the bus when the gruesome incident took place and he had also sustained injuries.
During the proceedings, advocate A P Singh, representing the convict's father, said that the complaint cited recent media reports which alleged that witness charged money to appear for interviews on various news channels
Citing the report, the counsel said, "On the basis of said facts and circumstances, the man's conduct shows that his testimony was false and fabricated. This goes to the root of his testimony and if established would show that the testimony in fact false."
Singh said that the witness accumulated lakh of rupees in bribe from various news channels and affected the case. The lawyer told the court that a complaint was filed with Delhi police but no action was taken.
The court is also hearing a plea filed by the victim's parents seeking the execution of the convicts to be expedited. The matter is slated to be heard on December 18.
The case pertains to gang rape and murder of a paramedic student on December 16, 2012. The six accused were apprehended by the police.
Out of six persons, one was a minor and appeared before a juvenile justice court, while another accused committed suicide in Tihar jail.
The four convicts had then approached the Delhi High Court but it upheld the lower court verdict. Later, the Supreme Court, too, upheld the death penalty in May 2017. They are now facing the gallows.
One of the convicts, Vinay, moved a mercy petition last month but has now sought to withdraw it. Another convict has filed a review petition before the Supreme Court, which will be heard on December 17.
( With inputs from ANI )