Court dismisses 16 Dec gang rape accused’s plea for polygraph test

Update: 2013-05-01 01:38 GMT
The Delhi police on Tuesday sought dismissal of a plea by one of the 16 December gang rape accused seeking permission of a special court to undergo lie detector test, saying it is an 'inadmissible evidence' even when done with 'consent'.

Special public prosecutor Dayan Krishnan said in his reply to the application before additional sessions judge Yogesh Khanna, that ' the application filed by accused Vinay Sharma seeking administration of a polygraph test deserves to be dismissed.'

'A polygraph test is an investigative device and this court is in the midst of a trial wherein 68 witnesses have been examined till date. 'It is further submitted that a polygraph test is per se inadmissible even when it is done voluntarily and with the consent of the accused,' Krishnan said in a two-page reply. 'This court may be pleased to dismiss the application which seeks to introduce evidence which is wholly inadmissible and which is also merely in the nature of an investigation,' the prosecutor said relying on an apex court judgement.

Vinay, who along with five others, allegedly gang raped a 23-year-old girl in a moving bus here, had in his application, said he is a student of BA first year and was working in a gym to earn his livelihood. He said, 'He is innocent and would want to undergo a lie-detector test to prove that at the time of the alleged gang rape, he was at a function in south Delhi along with other co-accused Pawan Gupta and had later, gone to sleep in the bus as usual due to paucity of space in his house.'

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