The statement came during the cross examination of S Subramaniam, a former CFO of BPL Cellular Ltd, by senior advocate S V Raju, appearing for Essar Group promoter Anshuman Ruia, an accused in the case.
The court, however, disallowed the question of the defence counsel on this aspect and warned that such queries would be ruled out" with a heavy cost.
"Before ruling could be given on the question, the witness (S Subramaniam) had blurted out the answer. However, question disallowed being in violation of section 162 CrPC. If such questions are persisted with and are ruled out, the ruling would be accompanied by heavy cost," Special CBI Judge O P Saini said.
"That is correct," responded the witness.
Subramaniam denied the suggestion of defence counsel that he had given his statement under CBI's "threat" before a magistrate under section 164 of the CrPC.
"It is wrong to suggest that I gave my statement under section 164 CrPC to the magistrate under threat of CBI. It is wrong to suggest that the time of seven days was given to me to plan as to how to involve Vikash Saraf (an accused) and Essar Group in this case," he said.
The statements recorded by a magistrate under section 164 of the CrPC bind a person and any deviation during the trial would make him liable for prosecution for the offence of perjury.
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