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SC stays order to recall witnesses in Uber rape case

The Supreme Court had on Monday agreed to hear plea of a 25-year-old woman, who was allegedly raped by Shiv Kumar Yadav, driver of an Uber cab, in New Delhi on December 5, 2014. File photo

The Supreme Court had on Monday agreed to hear plea of a 25-year-old woman, who was allegedly raped by Shiv Kumar Yadav, driver of an Uber cab, in New Delhi on December 5, 2014. File photo  

In a relief to the Uber rape victim, the Supreme Court on Tuesday stayed a March 4 order of the Delhi High Court recalling 13 prosecution witnesses, including her, for examination.



A Bench led by Justice J.S. Khehar stayed the trial in the rape case and restrained the media from reporting testimonies given by any of these 13 witnesses on the basis of the High Court order.



Taking a serious view of the High Court allowing the accused to recall the witnesses merely on the ground that he felt unhappy about his lawyer’s performance, Justice Khehar asked “what happens if this principle is applied everywhere?”



Noting that she suffers alone and cannot once more go through the agony of a trial, the Uber rape victim had on Monday moved the Supreme Court against the High Court order.



The victim was assaulted and raped allegedly by Shiv Kumar Yadav, a driver with Uber taxi services, while on her way home on December 5 night last year.



The victim, represented by senior advocate Colin Gonsalves, alleged that the accused was employing delaying tactics. She said that in cases of crimes against women, the victims alone suffer from such delay.



Her petition termed the March 4, 2015 High Court order “cryptic”. It said the High Court made an “abrupt jump” from total rejection of the accused’s claims to allowing him to re-call 13 witnesses without offering any explanations.

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Printable version | Aug 13, 2020 9:07:49 AM | https://www.thehindu.com/news/national/uber-rape-case-supreme-court-stays-delhi-hc-order-allowing-recall-of-witnesses/article6978233.ece

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