Court defers recording of testimony of rape accused

A court deferred the recording of statements of a man whose earlier conviction and 10 years jail term for allegedly raping a minor neighbour was set aside by the Delhi HC on the grounds of "glaring" procedural lapses.

Last Updated: Aug 26, 2010, 20:46 PM IST

New Delhi: A court today deferred the
recording of statements of a man whose earlier conviction and
10 years jail term for allegedly raping a minor neighbour was
set aside by the Delhi High Court on the grounds of "glaring"
procedural lapses.

Additional Sessions Judge (ASJ) Pinki said statement of
accused Arjun under section 313 (response of accused against
evidence) under the CrPC would be recorded tomorrow.

The ASJ, in compliance with the High Court`s order, has
framed around 150 questions on the basis of the evidence
collected against the accused.

In an unusual order, the High Court had not only set
aside the verdict in the alleged rape case of a five-year-old
girl but also asked the lower court to re-judge the matter
after recording the statements of the accused afresh.

Usually, a High Court, while deciding an appeal, does not
ask the lower court to re-judge a case which has already been
decided by it.

"On perusal of impugned judgment, it transpires that the
Additional Sessions Judge has approached this case in a
careless and casual manner," Justice Ajit Bharihoke had said.

Earlier, the lower court had awarded 10 years jail term
to Arjun after holding him guilty of raping the minor on
September 6, 2006, when she was sleeping with her father on
a pavement in the area.

PTI