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Court raps lawyers for delaying tactics

A special court rejected the plea of two December 16 gangrape accused who sought trial on alternate days instead of daily basis. The court also pulled up their lawyers, saying such pleas are made to delay proceedings.

A special court rejected the plea of two December 16 gangrape accused who sought trial on alternate days instead of daily basis. The court also pulled up their lawyers, saying such pleas are made to delay proceedings. The order came after accused Mukesh and Akshay Singh withdrew another plea that they be provided Hindi translation of statements of witnesses recorded so far by additional sessions judge Yogesh Khanna in the case. “Even the prayer that the trial be conducted on alternate days or that the matter be adjourned every time for different dates to enable the counsel to seek instructions from his clients cannot be allowed as per Section 309 (power to postpone or adjourn proceedings) of CrPC,” the court said. The court said it does not intend to come in between the counsel and his client, hence it would be appropriate if the accused are brought to the lock up at Saket at 11 am everyday so that the counsel can meet them. Absence of M.L. Sharma, the counsel for Mukesh and Akshay, annoyed the judge. Special public prosecutor Dayan Krishnan also opposed Sharma’s absence and said a last opportunity be given to him. He said, “If he (Sharma) does not come on time from Monday then the court must proceed in the case without him.” “This is something, which is very wrong. You (defence lawyers) explain to your colleagues that stalling the proceedings without any reason is very, very wrong,” the judge said.

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