Vinay Sharma, an accused in the Delhi gang-rape case, on Thursday claimed before a special court that he and another accused, Pawan Gupta, were not in the bus in which a 23-year-old girl was brutally assaulted and raped by six persons on the night of December 16.

This was stated in an application filed by Vinay, through his counsel A. P. Singh. Alleging that Vinay had been falsely implicated in the case, Mr. Singh claimed that Vinay and Pawan went along with their friend to a music function at a district park near R. K. Khanna Tennis Stadium in South Delhi.

“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,” he told the judge, while seeking permission to make a CD of the video.

The lawyer said that this was an important piece of defence evidence to help prove the innocence of his client. He said the police cannot claim the video was planted as the mobile phone was in police custody since Vinay’s arrest.

He said a friend of the two accused persons could be a crucial witness to prove their innocence.

Meanwhile, the prosecution, which has had several confrontations with defence counsel M. L. Sharma, appearing for accused Mukesh, complained that his absence in court on Thursday was a deliberate attempt to delay the trial.

Additional Sessions Judge Yogesh Khanna said he was also concerned about the absence of Mr. Sharma.

Till date, 65 of the 80 prosecution witnesses have deposed.

More In: Delhi