Amanat case: Delhi high court allows plea of accused to use CD as evidence
8 March 2013 6:32 AM IST
The Delhi high court on Thursday allowed two accused in the Amanat gangrape case to use video CD, which contains the interview of the friend of the victim given to a private news channel, as evidence. Accused Ram Singh and his brother Mukesh had knocked at high court’s door after the trial court did not allow the CD of the interview telecast on 4 January as a piece of evidence.
Discussing various court judgements, Justice GP Mittal said in the order, ‘In view of above discussion, the learned ASJ acted illegally in shutting the petitioners’ right to put the TV interview to PW1 (victim’s friend) for the purpose of contradicting him with his previous statement or to test his veracity or to impeach his credibility.’
‘The impugned order, therefore, cannot be sustained. The same is accordingly set aside with the direction to the trial court to permit the use of video CD for the purpose of Section 145, 146 and 155 of the Act of 1872.
It goes without saying that the petitioners shall be bound to prove authenticity of the video CD if the same is disputed by the witness,’ said the court.
The accused had 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. Delhi police had opposed the accused’s plea.
It had said media interview of a witness is inadmissible evidence under the law. The police had objected on the ground that the video CD has been prepared in violation of a CrPC provision that restrains media coverage of the trial and inquiry proceedings related to a rape case. The high court had reserved its verdict in the case on 5 March.
Discussing various court judgements, Justice GP Mittal said in the order, ‘In view of above discussion, the learned ASJ acted illegally in shutting the petitioners’ right to put the TV interview to PW1 (victim’s friend) for the purpose of contradicting him with his previous statement or to test his veracity or to impeach his credibility.’
‘The impugned order, therefore, cannot be sustained. The same is accordingly set aside with the direction to the trial court to permit the use of video CD for the purpose of Section 145, 146 and 155 of the Act of 1872.
It goes without saying that the petitioners shall be bound to prove authenticity of the video CD if the same is disputed by the witness,’ said the court.
The accused had 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. Delhi police had opposed the accused’s plea.
It had said media interview of a witness is inadmissible evidence under the law. The police had objected on the ground that the video CD has been prepared in violation of a CrPC provision that restrains media coverage of the trial and inquiry proceedings related to a rape case. The high court had reserved its verdict in the case on 5 March.
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