Supreme Court decided to settle a law on the issue, ‘whether accused has right to recall witness’

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New Delhi: Today (8th April) the Hon’ble Apex Court said that on the issue that in the Criminal cases, whether an accused is entitled to ask for recalling of witnesses for their re-examination or not, it will settle the law.

Hon’ble Supreme Court of India’s Bench headed by Justice J. S. Khehar specifies that the bench is going to lay down the law on the aforesaid issue.

The issue was arose before the Apex Court while it is dealing with the two Petitions being separate which were preferred by the Victim of Uber Cab rape case and by the City Police. The petitioners sought to challenge the order of the Hon’ble High Court of Delhi where the Accused taxi driver was allowed by the Court to re call for re-examination of the about 13 witnesses being Prosecution Witnesses including the one who was Vitim in the Trial. However, in the order of the Hon’ble High Court, it had partly allowed the claim of Accused and made it clear that the questions which has already been put to the witnesses in cross examination on behalf of the Accused should not be repeated by the counsel representing Accuse.

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The present Bench of Hon’ble Apex Court, sought the record of Trial Court, meanwhile, for tabling the same before it on 22nd of this April. Moreover, the Bench also sought furnishing of the relevant documents including Judgements, Written submissions and translated copies of the documents written in vernacular language, by the Attorney General, Mukul Rohatgi and Senior Advocate, Colin Gonsalves, who was being Counsel for the Victim. The said requirement of documents is to be complied with within the period of ten days.

The case is in furtherance of incident which was taken place on 5th December of the last year, at the time when the concerned Victim while travelling through a Taxi from Vasant Vihar in south-west, Delhi to go to her house the accused being driver of the said taxi took another rout and committed rape on Victim as per Police.

It was claimed on behalf of the Victim that the Order of High Court is amounted to re-trial of the case. On this plea the Apex Court has stayed the order of the High Court and also proceedings which was going on at Trial Court.

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By Faim Khalilkhan Pathan