Delhi gang-rape: HC allows use of interview CD as evidence

The Delhi High Court on Thursday allowed the plea of an accused in the December 16, 2012 gang-rape who argued for use as evidence a CD containing the TV interview of the victim’s friend, the sole witness to the ghastly incident.

Justice G P Mittal, setting aside the order of a fast-track court, directed the trial court to permit accused driver Ram Singh, 33, to use the CD of the interview of the witness as evidence.

“In my view, the learned ASJ (additional sessions judge) acted illegally in shutting the petitioner’s right to put the TV interview CD for the purpose of contradicting him (the victim’s friend) with his previous statement or to test his veracity or to impeach his credibility,” Justice Mittal said.

In a setback to police, the order said: “The impugned order, therefore, cannot be sustained. The same is accordingly set aside with the direction to the trial Court to permit the use of video CD ... It goes without saying that the petitioner shall be bound to prove authenticity of the video CD if the same is disputed by the witness.”

Advocate V K Anand, appearing for Ram Singh, had moved the high court after the fast-track trial court in Saket dismissed his plea seeking the use of the CD as evidence.

“The trial judge passed the impugned order and did not allow the applicant (Ram Singh) to exhibit, place on record and to play the CD of the impugned interview on the ground of illegal evidence,” Anand said.