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Replying to the prosecution application requesting to allow a female Ashreya employee to assist the mentally retarded Nari Niketan rape victim in the understanding of her deposition before the court,the defence counsels on Monday strongly objected to the request saying the additional amicus curiae had no locus standi to file the application and that there was no complaint by the public prosector during examination in chief.
The court of Additional District and Sessions Judge GC Garg today heard the arguments of the defence counsels and will now take a decision on Tuesday on whether to allow a female Ashreya employee to stand next to the victim during her cross examination,which was earlier slated for hearing on Monday.
The cross examination of the mentally retarded Nari Niketan rape victim will now take place after the court has decided on the prosecution application.
While arguing against the request,the defence counsels strongly objected to having somebody to stand next to the victim saying the order passed by the High Court at the back of the accused is hardly having any binding on them. There are nine accused facing trial in the Nari Niketan rape case.
The move has resulted in delaying the trial as the public prosecutor herself did not make any complaint about any difficulty in understanding victims speech during the examination in chief.
The defence also questioned the presence of additional amicus curiae Tanu Bedi in the court during the last hearing saying that since the proceedings in the case are being held in camera,no other person than the public prosecutor,the accused,their counsel and the staff of the court should be allowed in the court. They added Bedi did not have any locus standi to file the application in Punjab and Haryana High Court.
The application filed by additional amicus curiae resulted in a lot of publicity in the newspapers. All these happenings are causing a big prejudice to the defence of the accused with the result that they are suffering lot of problems in defending the case besides media trial, advocate AS Chahal who is representing accused Bhupider Singh submitted in his reply.
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