
Delhi gangrape: Defence counsel skips hearing, judge appoints amicus curiae
FirstpostThe fast track court hearing the Delhi gangrape, appointed an amicus curiae to assist the court in the trial on Thursday, after defence counsel ML Sharma was not present to cross-examine the witnesses for a third consecutive day. In his order the judge said, “Looking at the fact that advocate ML Sharma is not appearing regularly and that since the trial is being conducted on day to day basis, I feel it appropriate to appoint an amicus curiae to assist the court in future, in case such situation arises.” The court in an earlier order had referred to Section 309 of the Criminal Procedure Code which empowers the court to dispense with the cross examination of the witnesses in the absence of the counsel. Referring to the order of 28 March, the judge said, “But on that day, despite the absence of advocate ML Sharma one more opportunity, in the interest of justice, was granted to him to cross examine the witness.” Today, however, the court disallowed Sharma’s application informing the court that he had to be present in another court. “Considering the nature of the evidence given by these two witness, being general and also considering that these witnesses have been extensively cross examined by the counsels of the other accused and also taking in view the fact that advocate ML Sharma is not present to cross examine these witnesses on behalf of accused Mukesh, the witnesses cannot be asked to come again.” The court will hear the case next on Saturday.
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