CASE TITLE:
Dushyant Kumar Vs Central Bureau Of Investigation
DATE OF ORDER:
31ST MAY, 2022
JUDGE(S):
Hon’ble Justice Jasmeet Singh
PARTIES:
Petitioner: Dushyant Kumar
Respondent: Central Bureau Of Investigation
IMPORTANT PROVISIONS
Court of Special Judge, PC Act
SUBJECT
The Delhi High Court has stated that the decision on whether to include or exclude evidence from consideration when issuing the final verdict should be made at the end, not during the examination.
BRIEF FACTS
- The Court was hearing a plea challenging the Special CBI Judge of Rouse Avenue Courts' rejection of questions during the cross-examination of a prosecution witness in November 2021.
- Furthermore, the petitioner asked the Special Judge not to decline questions that were relevant to the trial's subject matter.
- Advocate Prashant Mendiratta appearing for the petitioner relied upon the judgement of Supreme Court in case titled Bipin Shantilal Panchal vs. State of Gujrat', (2001) 3 SCC 1.
- Justice Jasmeet Singh added that if the Court determines that a defence question is inadmissible or irrelevant, it should record its findings and then allow the witness to answer the question.
ANALYSIS BY THE COURT
- In the aforementioned case, the Court stated: " "If an objection is raised during the evidence-taking stage regarding the admissibility of any material or item of oral evidence, the trial court may take note of such objection and tentatively mark the objected document as an exhibit in the case (or record the objected part of the oral evidence), subject to such objections being decided at the final stage in the final judgement. If the court concludes at the end that the objection raised is valid, the Judge or Magistrate may exclude such evidence from consideration. Adopting such a course, in our opinion, is not illegal."
- As a result, the High Court concluded that the Supreme Court's directions must be followed in their entirety, in letter, spirit, and intent.According to the Court, "If the Court determines that a defence question is inadmissible or irrelevant, it should record its findings and then allow the defence to answer the question. The decision on whether to include or exclude evidence from consideration when rendering the final verdict should be made at the end, not during the examination ".
CONCLUSION
According to Justice Singh, the aforementioned question will be decided at the final stage, as recommended by the Apex Court's decision. Because the Court was informed that the prosecution witness was still being cross-examined, it directed that the second question be answered by the witness and that the Special CBI Judge's observations be decided at the final adjudication stage. As a result, the plea was dismissed.
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