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LATEST NEWS UPDATES | Delhi Rape: Cops Oppose Plea to Use CD As Evidence

Delhi Rape: Cops Oppose Plea to Use CD As Evidence

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published Published on Mar 5, 2013   modified Modified on Mar 5, 2013
-Outlook

Opposing the plea of December 16 gangrape accused to use as evidence a CD containing the interview of the victim's friend given to a news channel, the police today told the Delhi High Court that a "media interview of a witness is inadmissible evidence under the law."

Special public prosecutor Dayan Krishnan, appearing for the Delhi police, told Justice G P Mittal that "media interview in any nature is completely barred from admissibility as evidence".

The court has reserved its order in the case after hearing arguments of both parties.

Krishnan cited a Supreme Court ruling, according to which an interview of a witness to media cannot be treated as piece of evidence.

"Admissibility of such interview as an evidence would cause interference in the administration of justice" the lawyer submitted, while pleading that the court should reject the plea.

The court was hearing a petition filed by accused Ram Singh and his brother Mukesh challenging an order of a special fast track court by which they were not allowed to exhibit the CD of the interview telecast on January 4.

The counsel for the accused, advocate V K Anand, submitted that the police should not have objected to their plea before the trial court as the magistrate had taken cognisance of the police charge sheet after the interview was telecast.

"They (the police) should not have taken any objection as the charge sheet was filed on January 3, the interview was telecast on January 4 and the magistrate took cognisance 9of the charge sheet) on January 7," the lawyer told the court.

The gangrape accused, in their plea, have challenged the trial court order which did not allow them to "exhibit, place on record and to play the impugned CD" on the ground that this was not an admissible piece of evidence.

On December 16 last, the 23-year-old victim was brutally gangraped and assaulted in a moving bus in south Delhi. She died in a Singapore hospital on December 29.

Besides bus driver Ram Singh and his brother Mukesh, the three other adult accused facing trial in the case are Pawan Gupta, Vinay Sharma and Akshay Singh. The sixth accused, who has been one declared as a juvenile, is facing trial before the Juvenile Justice Board.

The police has objected to the plea of the accused to use the CD as an evidence on the ground that it has been prepared in violation of a CrPC provision that restrains media coverage of the trial and inquiry proceedings related to a rape case, according to the petition.

The petition has said that the police had also questioned the authenticity of the CD.

The trial court had on February 2 framed charges against the five accused under various sections of the IPC for offences which include gangrape, murder, attempt to murder, unnatural offences, dacoity, conspiracy and kidnapping.

The trial court is hearing in-camera proceedings in the case on a day-to-day basis and has imposed a ban under the law on media from reporting the same.

Outlook, 5 March, 2013, http://news.outlookindia.com/items.aspx?artid=791540


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