Gangrape case: Police oppose plea to use CD as evidence

Opposing the plea of December 16 gangrape accused to use as evidence a CD containing the interview of the victim's friend given to a news channel, the police today told the Delhi High Court 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 January 4.

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 January 3, the interview was telecast on January 4 and the magistrate took cognisance 9of the charge sheet) on January 7," the lawyer told the court.
The gangrape 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.