Evidence in Indian law/ Indian Evidence Act

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Evidence: Media interview of witness, admissibility of

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‘Nirbhaya accused can use TV interview’ By TIMESNEWSNETWORK, March 8, 2013

The Times of India

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New Delhi: The Delhi high court on Thursday allowed the plea of Nirbhaya gangrape accused to use as evidence a CD containing TV interview of the victim’s male friend. Justice G P Mittal allowed the plea of accused Ram Singh and his brother Mukesh and set aside the trial court’s order by which they were not allowed to exhibit the CD as evidence. The trial court had said the CD was not an admissible piece of evidence.

Justice Mittal directed the trial court to “permit the accused to use the CD as evidence”. The accused had challenged the trial court’s 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.

The high court had reserved its verdict in the case on March 5.

Earlier, Delhi Police had opposed the accused’ plea, saying the media interview of a witness is inadmissible evidence under the law. The police said the CD was prepared in violation of a CrPC provision that restrains media coverage of the trial and inquiry proceedings related to a rape case.