New Delhi: Shiv Kumar Yadav, a driver, accused in the Uber cab rape case on Thursday approached Delhi High Court challenging the trial court's decision rejecting his plea to re-examine the 28 prosecution witnesses. An oral plea in this regard was made by the advocate for the accused before a bench of justices Pradeep Nandrajog and Pratibha Rani, which asked him to file a proper petition in the matter.
Advocate D K Mishra, appearing for 32-year-old Shiv Kumar Yadav, said he was unable to draft the petition due to paucity of time. The court refused to list the matter on oral submission and said this was not the correct way to seek relief in any case. Mishra in his plea before the trial court had sought to recall all the 28 prosecution witnesses on the ground that he was not given fair opportunity to defend himself. However, the trial court dismissed the plea saying there was no change in circumstances except change of counsel, which according to her, was no ground to allow the application.
Mishra had submitted that entire cross examination of all the prosecution witnesses conducted by the earlier counsel was "prejudicial to the interest of the accused as the previous advocate was incompetent and he being a competent lawyer" is entitled to recall the witnesses and examine them again. To this, the judge had said, "this plea to my mind is nothing but an abuse of process of law and an endeavour to delay the proceedings of the case. The ground taken in the application to recall the prosecution witnesses are also unacceptable" and rejected the accused's plea.
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 had also recorded the testimony of the accused in which he termed the charge against him as "false". The court on January 13 had framed charges against Yadav under various sections of the Indian Penal Code 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.
