Delhi gangrape: Friend's interview cannot be evidence
The interview given by December 16 gangrape victim's friend cannot be used as evidence, ruled the Supreme Court today. A bench headed by Chief Justice Altamas Kabir said: "The interview given by December 16 gangrape victim's friend cannot be used as evidence in the trial proceedings." The apex court has held that the interview CD could not be used as evidence as the news channel interview was conducted after the filing of the chargesheet in the gang-rape case.
With this order the SC set aside a Delhi High Court order which had allowed it as evidence in the case. Meanwhile, the gangrape accused yesterday had claimed in a fast-track court that the friend of the 23-year-old victim was a "tutored witness" and has recorded his statement before the magistrate under the "influence" of Delhi police. All the four accused present in the court of Additional Sessions Judge Yogesh Khanna alleged the victim's friend was compelled by the police to give a statement against the six men arrested soon after the incident. However, the magistrate, who recorded his statement denied the accusations. "I recorded his statement after being satisfied about the voluntariness of the complainant," the magistrate, who today appeared in the court as prosecution witness number 69, told the court during his cross-examination by the counsel for accused.
The 28-year-old engineer, who was allegedly brutally assaulted by the six, along with the girl in a moving bus, had given his eyewitness account before the magistrate on December 19, 2012. The magistrate also deposed in the court that the youth was only accompanied by the investigating officer (IO) for recording his statement under section 164 of CrPC. "It is wrong to suggest that the IO and the complainant were accompanied by a number of other police officials when they entered my court room," the judicial officer said. Read more at: deshmeaaj.com