Supreme Court stays trial in Kandhamal nun rape case

The Supreme Court on Monday stayed the trial of the nun who was raped during the 2008 Kandhamal violence.

According to sources, a bench of Justice Altamas Kabir and Justice S S Nijjar stayed the trial and ordered the Orissa government to respond to the nun's plea. The case will again come up for hearing on March 22.

Trial in the case had begun in January 2009, four months after the nun was raped by religious fanatics during the aftermath of the killing of VHP leader Swami Laxamananda Saraswati.

The nun had recently sought cross-examination and recall of prosecution witness who is the Sub Divisional Magistrate (SDM).

The 31-year-old nun said in her plea that the Sub Divisional Magistrate had wrongly in his examination submitted that one of the accused Santosh Patnaik "did not commit any other overt act."

The Magistrate said in the report that the suspect gave "her a slap, pulled her saree.." and did not commit any other overt act.

This was however disputed by the nun who singled out Patnaik during an identification parade.

Earlier, the trial court had turned down the nun's plea on the ground that cross examination can be made either at the request of the public prosecutor or upon direction by the court.