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Accused can’t be allowed to frustrate a trial on flimsy pleas: SC
New Delhi: The Supreme Court Thursday said that if the accused in Delhi Uber cab rape case was allowed to have his way of “recalling and re-examining” the witnesses, then it would be “impossible to complete a trial and punish an accused”.
“You are making impossible for us to punish the accused. If we accept your argument then there would be another brilliant person (lawyer) who can point out another 10 new things to be asked to the witness which previous lawyer had not asked on account of his ‘naivety’ or ‘lack of competence'”, a bench of Justice Jagdish Singh Khehar and Justice Adarsh Kumar Goel told lawyer D.K.Mishra, appearing for accused Shiv Kumar Yadav.
“If we agree with all that you are saying then it would destroy the criminal justice system. All you are saying is that the criminal should be made to sit on our head and let him do anything he wants to do,” they said.
The court said that the recall and re-examination of the witnesses could be permitted only when new material that emerges subsequently has the potential of falsifying the prosecution case. Otherwise no trial would get completed if courts were to grant plea by the accused for re-examination of witnesses.
The court’s strong observation came as it reserved order on the petition by Delhi Uber cab rape victim challenging Delhi High Court’s March 4 order permitting the recall and re-examination of 13 witnesses including her. Mishra had defended the recall and re-examination of witnesses on the grounds that the lawyer who represented his client in the earlier stage of the trial was naive, inexperienced and lacked competence.
The high court, while sustaining all the reasoning by the trial court rejecting the plea for recall and re-examination of witnesses by accused, had reversed its order saying that ultimately it was the accused who would suffer any delay in trial as he was in custody.
The apex court had March 10 stayed the high court order.
Appearing for Delhi Police, which had also challenged the high court order, Attorney General Mukul Rohatgi faulted the high court, saying that it was not the accused alone who would suffer delay in trial.
He contended that it was the victim who too suffered four times – first when incident took place, second time when her statement was recorded under section 164 of Code of Criminal Procedure before the magistrate, third time when she was examined before the trial court in the course of the trial and fourth time when she was re-examined following the high court order.
Rohatgi said that the high court should have rejected the plea by the accused Shiv Kumar Yadav with costs.
Lucknow: Vishal Singh, a renowned social worker from Lucknow, also known as Foodman, has once again made India proud. He was honored by the Happy Hands Gloves Cooperative Limited Company in Korathai, Thailand, for his work with the Hunger Free World Mission.
The Hunger Free World Mission’s meeting was held in Korathai, Thailand, under Vishal Singh’s leadership. Representatives from several countries, including Mr. Raja Dwivedi (Managing Director of Happy Hands Gloves Limited), Thailand Coordinator Mr. Raja Mishra, and member Mr. Varun Singh, attended the event.
Under Vishal Singh’s leadership, the attendees took a pledge to work together toward creating a hunger-free world.
Speaking on the occasion, Vishal Singh explained that the main goal of the Hunger Free World Mission is social participation. He said the mission is not just about feeding people but also about meeting other basic needs of those who are struggling. The mission focuses on helping families of terminally ill patients in hospitals by providing food and shelter. It also works to fulfill essential needs like education, jobs, and care for the elderly.
For the last 16 years, the Vijay Sri Foundation has been providing free services, benefiting thousands of people. Vishal Singh highlighted that the mission aims to gain global recognition like other organizations such as WHO, WWF, and Red Cross, which work for social causes.
During this meeting, Vishal Singh was appointed as the Chairman of the Hunger Free World Mission by representatives from various countries. They also discussed holding regular meetings in different countries to push the mission forward.
Business tycoon Dr. Abhishek Verma has also supported this humanitarian mission, vowing to promote the idea of “Seva Parmo Dharma” (Service is the highest duty) worldwide. Vishal Singh praised him, stating that people like Dr .Abhishek Verma inspire others to work for the betterment of society.
Recently, Romania’s Ambassador, Mr . Daniela Sezonov Ţane, invited Vishal Singh to the Romanian Embassy in Delhi, where they discussed the mission in detail. Impressed by his humanitarian work, she honored Vishal Singh and invited him to Romania to take the mission forward .
Food man Vishal Singh has been serving the people of India for the past 16 years. Through the Vijay Sri Foundation, he provides free meals to cancer patients & their families ,shelter, and education for women & children along with running free old-age homes in Lucknow.
In addition to his humanitarian work, Vishal Singh also addresses issues like crime and corruption through his role as Chairman of Seva Path Media and Managing Director of Vijay Sri Foundation.
During the COVID-19 pandemic, Vishal Singh and his team worked tirelessly to provide food and help to the needy, including starving children, elderly citizens, and pregnant women. Despite contracting the virus himself, he continued to assist others after his recovery. He even created a life-saving oxygen regulator using household items, which was praised by doctors both in India and abroad.
In his address at the meeting, Vishal Singh spoke about his mission to create a hunger-free world. He pointed out that India’s large population, along with issues like unemployment and poverty, has caused the country to fall on the Hunger Index. He urged people to contribute just one handful of grains daily to help create a hunger-free world.
He concluded by saying that through social participation, we can empower the people around us, meet their basic needs, and work together to build a stronger, more prosperous, and developed society.
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