Justice Sunita Gupta passed the order on Yadav's plea challenging the trial court's February 18 order denying him permission to recall the witnesses.
The driver, who allegedly raped the woman executive, had contended he was not given a fair opportunity to defend himself.
Yadav had allegedly raped the woman on Dec 5 last year after she was returning from a dinner party that night. The woman decided to hire a cab after she was dropped off by her friend half way.
She hired Yadav's cab and dozed off in the back seat of the car only to wake up and realise that they were at a secluded spot. Yadav raped her and then threatened her with dire consequences.