A 15-year-old boy, appearing in defence of Vinay Sharma, showed a video recording to additional sessions judge Yogesh Khanna pointing out that Vinay and co-accused Pawan Gupta was present at a music function in south Delhi when the incident took place.
The boy said in his cross-examination by the prosecution that Vinay and Pawan were not in the bus in which a 23-year-old girl was gang-raped allegedly by a group of six persons.
Special public prosecutor Dayan Krishnan and Rajiv Mohan, however, countered the minor's contention saying he has concocted a false story at the behest of the accused and his family members as he is accused's childhood friend.
The boy, however, rejected the prosecution allegation saying he is not lying as he has taken oath in the name of God and is deposing the correct facts.
"There was no musical programme organised on December 16, 2012 in the evening time in the district park (south Delhi). The DDA/horticulture department does not allow such programme in the park and no one is allowed to enter the park after 7pm in the evening," the prosecution said.
Vinay had claimed that on December 16 last year, he was at a music function and not in the bus in which the incident of robbery of a carpenter and gang rape took place.
During the proceedings, the police also moved an application seeking summoning of three material witnesses in the case to prove that no activities such as musical events are permitted in the said park as claimed by the accused.
Krishnan said the defence has taken the plea of alibi. "Both accused Vinay and Pawan have led evidence in an attempt to falsely show their presence on the evening of December 16, 2012 at the district park in a musical event organised by church," Krishnan contended.
The court has kept the application pending saying it would decide it after defence witnesses's statement is closed.
As per the prosecution, the six persons in the bus were driver Ram Singh, Vinay, Akshay, Pawan, Mukesh and a juvenile and all of them had raped the girl and assaulted her male friend with an iron rod.
The victim died of injuries on December 29 last year while undergoing treatment in a Singapore hospital.
During the trial, Ram Singh was found dead in Tihar Jail on March 11 and court proceedings against him stand abated.
The sixth accused, a juvenile, faced an inquiry before the juvenile justice board here.
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