Delhi gangrape: court allows use of CD
The Delhi high court on Thursday allowed the plea of a December 16, 2012 gangrape accused to use as evidence a CD of the TV interview of the victim's friend, the sole witness to the ghastly incident.india Updated: Mar 08, 2013 00:31 IST
The Delhi High Court on Thursday allowed the plea of two accused in the December 16 gangrape to use as evidence a CD containing the interview of the victim’s male friend telecast on a news channel on January 4.
Justice GP Mittal allowed the plea of accused Ram Singh and his brother Mukesh and set aside the trial court’s order refusing the CD of the interview as evidence.
The lawyers of the accused said they wanted to bring out certain contradictions in the statement of the victim’s friend, the only eye-witness, given to the police and in the interview and question his credibility.
The victim’s friend, who had recorded his statement in the fast track court, was not cross-examined by the lawyers of the accused.
The trial court had refused their plea ruling that the CD was not an admissible piece of evidence. Earlier, the Delhi Police had opposed the plea of the accused, saying the media interview of a witness is inadmissible evidence under the law.
The police had objected to the plea on the grounds that it had been prepared in violation of the provision of the criminal procedure code that restrains media coverage of the trial and inquiry proceedings related to a rape case.
“The trial court had ordered in-camera trial and so media interview of any nature was barred. There could not be any publication or airing of any matter about the case without the court’s permission,” police counsel Dayan Krishnan argued.