State (NCT of Delhi) v. Shiv Kumar Yadav (2016) 2 SCC 402

Category: Criminal justice The issue raised in this appeal with respect to the case of a rape by driver of the cab hired by the victim for returning home from office was whether recall of the witness, at the stage of when the statement of the accused under Section 313 of the CrPC has been recorded, could be allowed on the plea that the defence counsel was not competent and had not effectively cross-examined the witnesses, having regard to the fact and circumstances of the case. The Supreme Court set aside the impugned order.