SC stays trial in Uber rape case

Admitting the appeal by the victim, the bench also issued notices to accused Shiv Kumar Yadav and the Delhi Police, seeking their responses within two weeks.

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“Issue notice to the respondents. The proceedings before the trial court shall remain stayed. The High Court order dated March 4 shall also remain stayed,” ordered the court.

Senior advocate Colin Gonsalves, appearing for the victim, said the accused has wrongly been allowed to recall and re-examine witnesses and it will create further agony for the victim and, as a consequence, will delay the trial.

While the bench noted that a court was undoubtedly empowered to issue orders on recalling witnesses in the interest of a fair trial, it also agreed to examine the validity of the High Court order and the reasons mentioned therein.

On March 4, the High Court had allowed the plea by Yadav to recall the victim, investigating officers as well as some doctors who had furnished medical reports in the case.

Yadav had complained that the case was proceeding at a hurried pace and that he was also not being duly represented by a counsel.

However, the appeal by the victim trashed his claims in the apex court, stating the High Court order would amount to a retrial on flimsy grounds, causing substantial injustice to the complainant.