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This is an archive article published on March 6, 2015

Uber victim says defence using delaying tactics

Victim told the judge that she was being forced to relive the incident as she was made to appear in court again.

Uber rape case, Uber delhi, Rape, crime Shiv Kumar had allegedly raped a woman in Mainpuri in Uttar Pradesh last year and was involved in at least two more cases including molestating another woman. (Source: Exrpess Archive)

The woman executive raped allegedly by Uber cab driver Shiv Kumar Yadav has told a fast-track court that she is traumatised by the delay in the ongoing trial and is being forced to relive a terrible experience.

Testifying again before the judge on Thursday, after a High Court order on Wednesday allowed the defence to recall her and 12 other witnesses, the victim accused the defence of delaying tactics and of prolonging her suffering in the presence of the accused, sources said.

Additional Sessions Judge Kaveri Baweja then asked defence counsel D K Mishra as to how much time he would take to complete examining the victim.

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During the in-camera proceedings, the victim was asked a series of questions about her routine and the events that unfolded before the rape took place on December 5 night, sources said.

The defence did not ask questions regarding the incident itself, and the cross-examination remained inconclusive. It will resume on Saturday.

The court had earlier cross-examined 28 witnesses. Among the witnesses who will testify again after the High Court order are the investigation officer, the doctors who examined the victim and the accused, and the forensic expert.

The High Court  had accepted the argument given by Yadav’s counsel D K Mishra that the lawyer who had earlier represented Yadav during the trial was a “novice” and had not conducted the cross-examination of the witnesses properly.

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The High Court made it clear that the defence will “not repeat any question which has already been put to the witnesses in their cross-examination by the earlier counsel”.

The judge said that no adjournment will be sought by the lawyer of the accused on any ground whatsoever. It also clarified “that in case of any reason any witness is not available for the purpose of further cross- examination, his/her testimony shall be read in evidence as it is”.

 

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