On 10.09.2015, a 2-judge bench of the Supreme Court, comprising of Justice Jagdish Singh Khehar and Justice Adarsh Kumar Goel, set aside the Delhi High Court order permitting the recall and re-examination of 13 witnesses including the victim in Uber cab rape case. “Appeals are allowed. The interim order (permitting re-examination of witnesses) of the high court is set aside,” said Justice Goel pronouncing a brief order. It is noteworthy that the Delhi high court’s interim order of March 4, 2015 had permitted the re-examination of 13 witnesses including that of the victim.
This verdict was pronounced on a petition by Delhi Uber cab rape victim challenging Delhi High court order permitting the recall and re-examination of 13 witnesses including herself.
While reserving the verdict on August 13, 2015, on the plea by the rape victim and Delhi Police challenging the recall and re-examination of witnesses, the Supreme Court had said that the accused can’t be allowed to frustrate a trial on flimsy pleas. It had also said that the recall and re-examination of the witnesses could be permitted only when new material that emerges subsequently has the potential of falsifying the prosecution case, as otherwise no trial would get completed if courts were to grant plea by the accused for re-examination of witnesses.
Attorney General Mukul Rohatgi, who had appeared for Delhi Police, told the court that it was the victim who had suffered four times first when incident took place, second time when her statement was recorded under section 164 of Code of Criminal Procedure before the magistrate, third time when she was examined before the trial court in the course of the trial and fourth time when she was re-examined following the high court’s March 4 order.
His argument came while assailing the high court reasoning that it was the accused who would suffer delay in trial, and holding it should have rejected the plea by accused Shiv Kumar Yadav with costs.
The apex court had on March 10 stayed the high court order permitting the recall and re-examination of witnesses including the victim.
(With inputs from IANS)
