A special court in Delhi today sought the High Court's permission to record the Unnao rape survivor's statement after doctors at the All India Institute of Medical Sciences (AIIMS) advised against taking her to the court premises.
District judge Dharmesh Sharma told the court that though the CBI, the rape survivor and her family have "no objection" to such deposition, the lawyers for the accused-expelled BJP MLA Kuldeep Sengar-opposed it.
The Delhi High court was hearing the case of alleged kidnapping and rape of the woman in 2017. She is being treated at AIIMS after an accident in July.
Senior Public Prosecutor Ashok Bhartendu said considering the medical condition of the rape survivor, it was not advisable to bring her to court premises.
The Unnao rape survivor's mother and lawyer Dharmendra Mishra also said that there were certain injuries which might make it difficult for her to appear before the court.
However, advocate Tanveer Ahmed Mir, appearing for Kuldeep Singh Sengar, told the court that he would give consent for such deposition unless he is sure that the woman has proper cognitive faculties to understand the questions asked.
"We urge that the medical status of the survivor be ascertained. It should not lead to a situation where the defence feels helpless in case the victim is unable to understand the questions put to her."
After the lawyer's argument, the court asked the CBI for the survivor's medical report. The CBI told the court that doctors attending to her believe she is out of danger.
"She is fit for statement. Regarding deposition for long hours in the court, it is not advisable to bring her to the court premises. The deposition of the survivor can be done from the hospital premises if deemed fit by the court," the medical report submitted by AIIMS stated.
The rape survivor's lawyer opposed the suggestion, saying that the trial must not be shifted to the hospital.
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