The Delhi High Court today refused to stay the ongoing proceedings before a trial court here in a rape case in which the Uber Cab driver is facing prosecution for allegedly raping a 25-year-old woman in December last year.
Justice Sunita Gupta declined the relief sought by the counsel appearing for 32-year-old Shiv Kumar Yadav, the cab driver who has been identified in the trial court by the victim as the one who had raped her.
“Stay on the final arguments cannot be granted. The matter has not been reserved for judgement. If that had been done, I would have understood,” the judge said, adding that, “I am not inclined to stay the proceedings”.
The court orally refused to stay the proceedings, after the accused’s counsel requested the bench that till his plea to recall 28 prosecution witnesses to re-examine them is pending before it, the ongoing final arguments be stayed.
During the hearing, advocate Rajesh Mahajan, appearing for the police, also opposed Yadav’s request saying full fleged trial is going on in the case on a day-to-day basis so the matter cannot be stayed during the pendency of the plea.
He said that the accused has been fairly represented in the case by the counsel of his choice, so there is no point of an unfair trial.
To this, advocate D K Mishra, who was appearing for Yadav, contended that there were lot of discrepancies in the case which will not come out without cross-examination of the prosecution witnesses.
The counsel said that during the cross-examination of the witnesses, crucial aspects in the case have been left out by the advocates, who had earlier represented Yadav.
He said he is challenging the trial court’s February 18 order, rejecting Yadav’s plea for recalling the witnesses.
Meanwhile, the trial court could not commence hearing the final arguments of the defence counsel today as the advocate was busy in the high court in this matter. The court fixed has now fixed the case for tomorrow for hearing final arguments.