New Delhi: Vinay Sharma and Pawan Gupta, two of the accused in the Dec 16, 2012, gang-rape case, Thursday told a Delhi court that they were not present in the bus in which the sexual assault took place.
Advocate A.P. Singh, appearing for Sharma, moved an application before Additional Sessions Judge Yogesh Khanna that he and Gupta went to a music function in south Delhi on the night of incident.
Sharma had made a video-clip and clicked photographs which show that the two went to a music function, said Singh.
The application said that "accused Vinay's mobile contains a video recording and photos which can establish that he and Pawan were not in the bus on the night of incident."
Sharma and Gupta went along with their friend to the music function at district park near R.K. Khanna Tennis Stadium in south Delhi, counsel said, adding that a friend of the two accused could be a crucial witness to prove their innocence.
The advocate sought permission to make a CD of the video of the music event recorded on Sharma's mobile.
The court said that they can make a CD out of the video recording as the matter was between counsel and the accused. But, at present, the matter had nothing to do with the case, said court.
Counsel said that the recording was important evidence which could prove innocence of Sharma.
Singh submitted: "It is very important defence for the accused, as the mobile contains some exclusive information, which can prove the innocence of my client."
A 23-year-old trainee physio-therapist was brutally gang-raped and tortured by the six men on a moving bus Dec 16, 2012. She died in a Singapore hospital Dec 29, 2012. One of the accused was a minor who is facing proceedings before a Juvenile Justice Board.
Of the five accused, bus driver Ram Singh is now dead. Other four, than the juvenile who cannot be named for legal reasons, are: driver Ram Singh's brother Mukesh, fruit seller Gupta, gym instructor Sharma, and bus cleaner Akshay Thakur. All accused are in judicial custody.