Additional Sessions Judge Kaveri Baweja, while allowing the plea, fixed the hearing for tomorrow to record the statement of the accused driver, 32-year-old Shiv Kumar Yadav, as a defence witness.

Advocate Aalok Dwivedi, appearing for Yadav, moved a plea seeking permission to examine the accused as a witness in his defence under section 315 (accused person to be competent witness) of the CrPC.

The counsel also informed the court that he has dropped Yadav's wife, whose deposition was scheduled to be recorded on Wednesday, as a defence witness in the case.
The plea was opposed by Special Public Prosecutor Atul Shrivastava saying it was vague and without merit. Meanwhile, the court dismissed another plea by Yadav seeking to recall the victim and her friend Ayush, who have already testified before it as prosecution witnesses, and also to summon the CCTV footage of the place from where the woman had boarded Yadav's cab on the night of December 5, 2014.

The defence counsel said certain clarifications were required which can be given only by the victim and her friend who had booked the cab for her.
The prosecutor opposed the plea saying it was a delaying tactics by the defence to delay the trial in the case. "In order to get the matter delayed and prolonged, he has filed this application. The court has already given him enough time, his plea should be dismissed," he said.
On being asked by the judge about the ground to recall the victim, Yadav's counsel alleged that it was a planned case which has been lodged to earn money as the woman has filed a suit in the US against Uber claiming that the company failed to maintain basic safety procedures.

Latest News from India News Desk