“You are in a way trying to destroy the criminal justice system of this country. You are saying let this person sit on our head,” said the bench. “You are in a way trying to destroy the criminal justice system of this country. You are saying let this person sit on our head,” said the bench.

The Supreme Court on Thursday pulled up the accused in the Uber cab rape case and said he was trying to “destroy the criminal justice system” by seeking re-examination of the victim, who had been “embarrassed and insulted” by him in her deposition earlier.

“You are in a way trying to destroy the criminal justice system of this country. You are saying let this person sit on our head. You are trying to say that the criminal should be honoured and he should get everything he wants,” said a bench of Justice J S Khehar and Justice Adarsh Kumar Goel.

The bench made the observations while hearing the pleas filed by the victim and Delhi Police, which urged the court to quash an order of the Delhi High Court on March 4, which allowed the accused to recall the victim and 12 other witnesses.

The victim, in her petition, had said that the HC order amounted to a virtual re-trial and she was made to bear the agony and humiliation of taking the witness box once again. The police has described this as a “delaying tactic” by a “seasoned criminal.”

Expressing its disinclination to recall witnesses for a re-examination, the bench said the accused Shiv Kumar Yadav had not asked relevant questions during the previous cross-examination of the victim.

“For three days, you only embarrassed her. You only insulted her. We feel you have all nonsense at your hand. For three days what did you do, except humiliate the prosecutrix who made the allegations,” it observed.

While reserving its verdict on the appeal by the victim, the bench told the counsel for the accused, “Don’t play the fool with us. We are used to counsel. We are used with the jugglery of words. Show us one good ground for recall of witnesses.”

During the day-long hearing, the court observed that Yadav appeared to be a “master” in playing legal tricks and that he had done meticulous planning to prolong the trial and demolish the case of the prosecution.

The court also said the delay of several months in the trial has led to unnecessary harassment of the victim, as it is very traumatic experience for her to depose again and again. The accused has misused the process of law, added the apex court bench.

Attorney General Mukul Rohatgi, appearing for Delhi Police, supported the victim’s appeal against the high court order, allowing the recall of witnesses.

“He is not a novice. This accused has faced criminal trials earlier. There are three rape cases, including the present one, against him. In addition to these, there are several other cases in Uttar Pradesh. The idea is to show that the accused is familiar with the court proceedings,” said Rohatgi.

The bench also said it may lay down guidelines as to whether an accused has the right to get witnesses recalled for re-examination in a criminal trial.

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