The Supreme Court on Monday agreed to hear on Tuesday the plea of 25-year-old woman, who was allegedly raped by driver of a Uber cab here, against the Delhi High Court order allowing the accused to recall and examine 13 witnesses including the victim in the trial.
“It will come tomorrow for hearing. In the meantime, correct all the defects,” a bench headed by Chief Justice H L Dattu said.
Senior advocate Colin Gonsalves, appearing for the victim, said that Delhi High Court order amounts to re-trial of the case and sought urgent hearing of her plea.
On March 4, the Delhi High Court had allowed recall of 13 prosecution witnesses, including the victim in Uber cab rape case, on the plea of the accused driver and said their cross examination will be carried out on a day-to-day basis.
The high court had partly allowed the plea of accused Shiv Kumar Yadav while making it clear “not to repeat any question which has already been put to the witnesses in their cross examination by the earlier counsel”.
Apart from the victim, the court had also allowed recall of investigating officers as well as some doctors who had examined the victim and the accused.
It had also said that in case any witness is not available for the purpose of further cross examination,his/her testimony shall be read in evidence as it is.
The victim is now being re-examined in-camera by the counsel for Yadav in the trial court.
As per the charge sheet filed by Delhi Police, the incident took place on the night of December 5 last year when the victim, who was working for a finance company in Gurgaon, was headed back home.
She had taken the taxi from Vasant Vihar to go to her house in Inderlok and the accused after taking another route, raped her, police said.
Earlier, the trial court had rejected Yadav’s plea for recalling witnesses while saying there was no change in circumstances except for a change of counsel, which was no ground to allow the application.
The trial in the case had commenced on January 15 and the prosecution had concluded recording its evidence in 17 days by examining 28 witnesses. The accused had not examined any witness in his defence.
The court on January 13 had framed charges against Yadav under various sections of the IPC for alleged offences of endangering a woman’s life while raping her, kidnapping with an intent to compel her for marriage, criminally intimidating and causing hurt.