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January 25, 2013

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Murder and bus rape trial begins in New Delhi

THE trial of five men charged with the gang rape and murder of a 23-year-old student on a New Delhi bus began in a closed courtroom yesterday with opening arguments by the prosecution lawyers in a special fast-track court set up just weeks ago to handle sexual assault cases.

The brutal attack last month set off protests across India and opened a national debate about the epidemic of violence against women. A government committee established in the wake of the attack has called for a complete overhaul of the way the criminal justice system deals with rape, sexual assaults and crimes against women.

The five men on trial - who could be hanged if convicted - covered their faces with caps as they walked into the courtroom surrounded by armed police.

Details of the day's proceedings were not available. The courtroom was closed to the public and the media, which is routine in Indian rape cases, even though defense lawyers had argued that since the victim is dead, the proceedings should be opened. There was also a gag order on the lawyers to not reveal what happened inside the court.

Judge Yogesh Khanna turned down requests by journalists that they be briefed on the day's proceedings and said the gag order would remain.

The next hearing in the case was set for Monday, when the defense will present its opening arguments.

A sixth suspect in the case has claimed he is a juvenile and is expected to be tried in a juvenile court.

Yesterday, a magistrate separately rejected a petition by Subramanian Swamy, a prominent politician, that no leniency be shown toward the accused, who claims to be a juvenile, because of the brutal nature of the crime, said Jagdish Shetty, an aide to Swamy.

Documents presented by prosecution last week to the Juvenile Justice Board indicated the defendant was a juvenile at the time of the attack, which would make him ineligible for the death penalty.

The suspect, would face three years in a reform facility if convicted as a juvenile.

After the hearing, M. L. Sharma, a defense lawyer for Mukesh Singh, one of the accused, said he had withdrawn from the case. V. K. Anand, who represents Mukesh's brother Ram Singh, will now defend both brothers. The two lawyers had been arguing over who was Mukesh Singh's real lawyer.

Sharma said he left the case to save his client from being tortured to fire him. He has said the other defense lawyers were planted by the police to ensure guilty verdicts.



 

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