- In Dushyant Kumar v. Central Bureau of Investigation, the Delhi High Court has noted that the question whether the evidence should be included or excluded from consideration while giving the final verdict must be taken at the end and not during the time of the examination.
- Justice Jasmeet Singh noted that when the Court finds that any question raised by the defence is inadmissible or irrelevant, it must record its observation and then permit the witness to answer the said question.
- In this case, the Court was dealing with an application challenging the rejection of questions by a Special CBI Judge, during the cross-examination of a prosecution witness.
- The petitioner, in the present case, sought a direction from the Special Judge not to decline questions which were not irrelevant to the subject matter of the trial.
- The counsel for the petitioner took reliance upon a judgement of the Supreme Court in Bipin Shantilal Panchal vs. State of Gujarat and argued that when an objection is raised during the evidence taking stage pertaining to the admissibility of any material of oral evidence, the trial Court should make a note of such objection while giving the final verdict.
- The Hon'ble Court took note of the Supreme Court judgement and said that 'the directions of the Apex Court must be followed in its true spirit and intent'.
- Consequently, the Ld. Court held that if the defence raises any question which the Court finds irrelevant to the subject matter of the case, the Court should take a note of it and bring it into consideration while pronouncing the final verdict.
- Furthermore, it was also held that the Court should not let such questions create delay in the examination process and the same must be dealt with at the end of the trial.
- Accordingly, the plea was disposed of.
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