Court Should Only Record Its Observation Regarding Admissibility Of Question During Examination And Decide Same During Verdict: Delhi HC
The Single Bench of the Delhi High Court comprising of Justice Jasmeet Singh has held that if any question asked by the defense is inadmissible or not relevant, the Court should record its observation and whether such evidence should be included or excluded from consideration while pronouncing the final verdict is to be taken at the end.
"If the Court finds that any question put by the defense is inadmissible or not relevant, the Court should record its observation and thereafter permit the witness to answer the question. The question whether the evidence is to be included or excluded from consideration while pronouncing the final verdict is to be taken at the end and not at the time of examination", the Court held.
The Court was hearing a petition seeking setting aside of the rejection of questions by the Court of Special Judge during the cross-examination of witness. The petitioner had also sought a direction to the Court of Special Judge not to decline questions which were relevant to the subject matter of the trial.
Advocate Prashant Mendiratta, appeared on behalf of the petitioner whereas Ripu Daman Bhardwaj, Special Public Prosecutor-CBI appeared for the respondent.
Advocate Prashant Mendiratta, placed reliance on the case- 'Bipin Shantilal Panchal vs. State of Gujrat' where the Apex Court had held "….Whenever an objection is raised during evidence-taking stage regarding the admissibility of any material or item of oral evidence the trial court can make a note of such objection and mark the objected document tentatively as an exhibit in the case (or record the objected part of the oral evidence) subject to such objections to be decided at the last stage in the final judgment."
The High Court held that the directions of the Supreme Court need to be followed in its true letter, spirit and intent. The Court further stated that the question whether the evidence is to be included or excluded from consideration while pronouncing the final verdict should be adjudicated at the final stage as recommended in the judgment of Bipin Shantilal Panchal (supra).