The Supreme Court on Thursday allowed appeals filed by Uber rape victim and the Delhi Police challenging a Delhi High Court order permitting the accused taxi driver to re-call 13 prosecution witnesses, including his alleged victim, back to the dock for him to cross-examine them.
The judgment by a bench of Justices J.S. Khehar and A.K. Goel sets aside the High Court order of March 4, compelling the victim to re-live the trauma of the crime she had already testified to in the trial court.
During the extended hearings in the case, the apex court had made it clear that the intention of the accused was to humiliate her. The Delhi Police had also backed the victim with Attorney-General Mukul Rohatgi submitting that it was only a bid by the accused to further delay the trial and intimidate her.
Mr. Rohatgi had said the accused was a repeat offender and was familiar with court process.
The accused driver, Shiv Kumar Yadav had sought a re-examination of his victim and other prosecution witnesses on the ground that lawyer who represented him during the trial was not competent, and he had changed his counsel.
The Supreme Court on March 10 had stayed both the High Court order and the rape trial.
The victim was allegedly assaulted and raped by Yadav while on her way home on December 5 night last year.