Shocked by the Delhi Uber rape case victim’s experience of being recalled to court to be examined by the accused, the Supreme Court on Wednesday decided to lay down the law on whether prosecution witnesses could be summoned again at the behest of an accused.
A Bench led by Justice J.S. Khehar said accused persons could use this ploy to delay trial and prolong the suffering of victims.
The Uber victim moved the Supreme Court against a March 4 order of the Delhi High Court, allowing the taxi driver to recall 13 prosecution witnesses, including her. The accused reasoned that the lawyer who represented him at the trial was not competent. He said he had since then changed his lawyer.
On March 10, the Supreme Court stayed the High Court order as well as the rape trial.
Agony again The victim approached the Supreme Court, saying she could not go through the agony of the trial once more. in the cases of crimes against women, the victims alone suffered from such delay, she said.
The Delhi Police too moved the court, arguing that the March 4 order amounted to harassment of the victim.
She was allegedly assaulted and raped by Shiv Kumar Yadav, the driver, while on her way home on the night of December 5 night last.
Hearing on April 22 The Bench summoned the trial court records. It rejected a request by counsel for Shiv Kumar to postpone the case by six weeks and fixed the next date of hearing for April 22.
