Police oppose plea to use CD as proof in 16 Dec gang rape case, HC reserves order
6 March 2013 6:36 AM IST
Opposing the plea of 16 December gang rape accused to use as evidence a CD containing the interview of the victim’s friend given to a news channel, the police told the Delhi high court on Tuesday 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 4 January.
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 3 January, the interview was telecast on 4 January and the magistrate took cognizance of the charge sheet) on 7 January,’ the lawyer told the court.
The gang rape 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.
Ram Singh and Mukesh moved the high court after the fast-track court trying the case dismissed plea for using the said CD, which has the interview of the friend of the victim with a news channel, to be brought on record and examined as crucial evidence.
The accused want to use as evidence the CD which has the interview given to a private news channel by the victim’s friend. He is the main witness in the case.
On 16 December last, the 23-year-old victim was brutally gang raped and assaulted in a moving bus in south Delhi. She died in a Singapore hospital on 29 December.
Besides bus driver Ram Singh and his brother Mukesh, Pawan Gupta, Vinay Sharma and Akshay Singh also face trial.
The sixth accused, who has been one declared as a juvenile, is facing trial before the Juvenile Justice Board.
The trial court had on 2 February framed charges against the five accused under various sections of the IPC for offences which include gang rape, murder, attempt to murder, unnatural offences, dacoity, conspiracy and kidnapping. The trial court is hearing in-camera proceedings in the case and has imposed a ban under the law on media from reporting the same.
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 4 January.
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 3 January, the interview was telecast on 4 January and the magistrate took cognizance of the charge sheet) on 7 January,’ the lawyer told the court.
The gang rape 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.
Ram Singh and Mukesh moved the high court after the fast-track court trying the case dismissed plea for using the said CD, which has the interview of the friend of the victim with a news channel, to be brought on record and examined as crucial evidence.
The accused want to use as evidence the CD which has the interview given to a private news channel by the victim’s friend. He is the main witness in the case.
On 16 December last, the 23-year-old victim was brutally gang raped and assaulted in a moving bus in south Delhi. She died in a Singapore hospital on 29 December.
Besides bus driver Ram Singh and his brother Mukesh, Pawan Gupta, Vinay Sharma and Akshay Singh also face trial.
The sixth accused, who has been one declared as a juvenile, is facing trial before the Juvenile Justice Board.
The trial court had on 2 February framed charges against the five accused under various sections of the IPC for offences which include gang rape, murder, attempt to murder, unnatural offences, dacoity, conspiracy and kidnapping. The trial court is hearing in-camera proceedings in the case and has imposed a ban under the law on media from reporting the same.
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