Delhi gang-rape: Accused Mukesh dumps absentee counsel

New Delhi: Mukesh, one of the accused in the gang rape of a student in December last year has changed his counsel M.L. Sharma, after he failed to appear in a fast track court for the fourth successive hearing.

Sharma has been replaced by Rajeev Jain, appointed as an amicus curiae to assist the court on April 18, after the accused moved an application.

Jain cross-examined prosecution witnesses on behalf of Mukesh.

Additional Sessions Judge Yogesh Khanna, before the cross-examination, inquired from Mukesh about his counsel but he had no answer.

“Before putting any questions to this witness on behalf of the accused Mukesh, I had inquired from the accused about the whereabouts of his counsel and if he has any specific question to ask to this witness he replies in negative. He was not aware if his counsel would appear today or not.

“Now it is 2.40pm, hence, instead of further waiting for M.L. Sharma, counsel for the accused Mukesh, and in exercise of powers under section 309 Cr.P.C., with the assistance of Rajeev Jain, advocate, amicus curiae, I now proceed with cross-examination of this witness on behalf of accused Mukesh”, the judge said.

“The court and amicus curie had explained to accused Mukesh about the role of this witness and he consented for putting questions to the witness with the assistance of the amicus curiae,” the order added.

Mukesh, after court proceedings earlier in the day, asked Judge Khanna to change his counsel and be represented by advocate Rajeev Jain.

Mukesh told the court: “I decided to appoint him [Jain] as my counsel when I got to know Sharma has not reached the court today also.”

Judge Khanna accepted the request of Mukesh and appointed Jain as his counsel. Jain will defend the accused as a government-funded lawyer.

Sharma had been facing the court’s wrath for seeking adjournments and remaining absent from trial.

The court dismissed an application filed by co-accused Vinay Sharma to visit the Jhandewalan Temple in central Delhi.

“An application is moved on behalf of the accused Vinay to visit Jhandewalan Mata Mandir at Karol Bagh, Delhi. Such requests cannot be acceded to since it involves the security aspects of the accused, besides the nature of the offence. Application dismissed,” the judge said in the order.

A 23-year-old woman was brutally tortured and gang-raped in a moving bus on December 16, 2012, by five men and a juvenile. The woman later died in a Singapore hospital.

The juvenile is facing proceedings before a Juvenile Justice Board, while the other accused have been put up for trial in the fast track court. One of the accused, Ram Singh, is dead.