The plea of the driver, accused in the Uber cab rape case seeking to re-examine the 28 prosecution witnesses, was today rejected by a Delhi court which said it was an endeavour to “delay the proceedings” and an attempt to “protract the trial”.
Additional Sessions Judge Kaveri Baweja dismissed the plea saying there was no change in circumstances except change of counsel, which according to her, was no ground to allow the application.
“The application under consideration is thus nothing but an attempt to protract the trial and in fact seek an entire re-trial...
“Considering the above discussion, I am of the view that the application under consideration deserves to be rejected,” the judge said and fixed the case for tomorrow to begin final arguments.
The court, while deciding the plea, retraced the entire proceedings of the case in the 19-page order, ranging from appointment of private counsel of the accused to adjournments given to him and change of his advocate.
32-year-old Shiv Kumar Yadav, through his advocate D K Mishra, had sought to recall all the 28 prosecution witnesses on the ground that he was not given fair opportunity to defend himself.
The counsel had argued that there were “glaring defects, mistakes and illegalities” requiring recall of the witnesses to another round of cross-examination for just and fair decision in the case.
The plea was opposed by Senior Public Prosecutor Atul Shrivastava who had said a change of defence counsel was no ground to recall the witnesses. He had argued that the accused was trying to delay the trial in the case by moving such plea.