“It is only those accused persons who challenge the order of a criminal court in a revision petition or in a petition under the CrPC who derive benefit out of the order of the high court and the same benefit cannot be automatically extended to other accused persons who have not challenged the order,” the trial judge had said.

He had also held that the case remains one of “sexual assault on a woman, till there is specific judicial order of deletion of charges under sections 376 (rape) and 377 (unnatural offence) of IPC against accused Gopal Goyal Kanda”, adding that since it is joint trial the bail pleas of both accused was moved to the fast track court which hears cases of sexual offences against women.

As per the District and Sessions Judge's order, the fast track court on August 17 had retained the matter with it and conducted the trial against both Kanda and Chadha without altering the charges of rape and unnatural offences.