Dec 16 gangrape case: Court summons lady IO

New Delhi, May 23: Pratibha Sharma, the investigating officer, who was initially heading the probe in the December 16 gangrape, will appear today before a fast track court to record her crucial testimony in the case.

Additional Sessions Judge Yogesh Khanna had directed that summons be issued for today to the lady sub-inspector who was heading the probe, which was later transferred to her senior.

The court also summoned PK Gautam, an official from CFSL, CBI for today as prosecution witness.

He had on December 17 taken photographs of the bus in which the 23-year-old paramedic student was allegedly gangraped.

Gautam has been summoned as a witness on a plea of Delhi Police following deposition of a CFSL scientific officer, who had compared the bus depicted in the CCTV footage with the photographs taken by Gautam.

These photographs were not submitted in the court by the Investigating Officer and the defence counsel argued that it was negligence on part of IO.

"...as said PK Gautam was part of the team who inspected the bus and since the same (photos) were not supplied earlier by CBI to the investigating officer and further since the photographs have now been taken on record, as the prosecution intends to complete the chain of circumstances, I feel that no prejudice shall be caused to the accused if he is summoned as witness as his deposition is essential for just decision of the case," the court said.

The court also dismissed an application of the Police for framing a charge of section 34 IPC (common intention) against the accused saying that they are already facing charge under section 120 IPC (conspiracy).

"To my mind, a person facing a charge under section 120 IPC, a substantive offence, need not be separately charged under section 34 IPC for common intention as the later may be culled out from the facts in case the former is not proved," it added.

PTI