The victim in the Uber rape case moved the Supreme Court on Monday against a Delhi High Court order allowing the accused to re-examine 13 prosecution witnesses. Her plea was immediately accepted by a three-judge Bench led by Chief Justice of India H.L. Dattu and listed for hearing on March 10.
The victim alleged that the accused was employing delaying tactics. She said in cases of crimes against women, the victim alone suffered from such delays.
The victim was allegedly assaulted and raped by Shiv Kumar Yadav, a driver with Uber taxi services, while on her way home on December 5 night last year.
Her petition termed the March 4, 2015 High Court order “cryptic.” It said the High Court made an “abrupt jump” from total rejection of Yadav’s claim to allowing him to recall 13 witnesses without offering any explanation.
The High Court had first rejected Yadav’s claim that his earlier counsel “was not competent to appear as an advocate” as he was not issued a certificate to practise law. But it later conceded his demand.
The victim said the accused had made no complaint about his counsel when the prosecution was presenting its evidence or when he made his defence statement. She submitted that the High Court allowed the accused to recall the witnesses ignoring the fact that the trial court had earlier refused Yadav’s plea to re-examine all 28 prosecution witnesses.
The trial court said the counsel was Yadav’s private lawyer of choice and followed his instructions. It said Yadav was earlier acquitted in a rape case.
