Suhas Palshikar

A crisis of political courage


Suhas Palshikar

Delhi gangrape accused was tortured by the police, the lawyers claimed

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One of the five men charged with the gangrape and murder of an Indian student said police tortured him in custody and he and at least three of his co-defendants say they are innocent, lawyers said on Thursday.

The five accused arrived in court for a closed hearing with their faces covered by scarves, and accompanied for the first time by defence lawyers.

The 23-year-old physiotherapy student died on December 29, two weeks after being beaten and raped on a moving bus in New Delhi, then thrown bleeding onto the street.

Nationwide protests followed against the government's perceived failure to stem rising violence against women.

One of the men, Mukesh Singh, the brother of a bus driver who police say was the leader of the gang, will base his defence on police brutality, his lawyer said.

"Mukesh was illegally tortured in the custody of the police," said the lawyer, Manohar Lal Sharma. The five face charges of murder, gang-rape and abduction, prosecutors have said they will seek the death penalty.

A sixth suspect is being investigated separately to determine if he is below the age of 18, as he says he is. The case has shone a light on a widespread problem of violence against women but also the failure of the criminal justice system to bring the guilty to justice in a country where official statistics show a rape is reported every 20 minutes.

The bus driver and alleged gang leader Ram Singh said he was innocent during a two-hour meeting with his lawyer, V.K. Anand, in Delhi's Tihar jail, the lawyer said. Two other accused, gym assistant Vinay Sharma and bus cleaner Akshay Kumar Singh, say they were falsely implicated, said their lawyer, A.P. Singh.

"I will ... prove their innocence," the lawyer said after the hearing. The fifth man has yet to be assigned a lawyer and it is not known what he has told court or how he intends to plea.

Charges against the sixth member of the group have not been brought while police complete an inquiry to confirm his age. If he is found to be below 18 he will be tried in a juvenile court and if convicted will go to a correctional home, not a prison, to serve a maximum term of three years.

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