Court May Note Objections On Oral Evidence During Trial, Admissibility To Be Decided While Pronouncing Verdict & Not At Time Of Examination: Delhi HC

The Delhi High Court has observed that 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.

Justice Jasmeet Singh added that where the Court finds that any question put by the defense is inadmissible or not relevant, it should record its observation and thereafter permit the witness to answer the question.

The Court was dealing with a plea challenging the rejection of questions by the Special CBI Judge of Rouse Avenue Courts, during the cross-examination of a prosecution witness in November 2021.

Furthermore, the petitioner had sought a direction to the Special Judge, not to decline questions which were relevant to the subject matter of the trial.

Advocate Prashant Mendiratta appearing for the petitioner relied upon the judgment of Supreme Court in case titled Bipin Shantilal Panchal vs. State of Gujrat', (2001) 3 SCC 1. In the said case, the Court had observed thus:

"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. If the court finds at the final stage that the objection so raised is sustainable the Judge or Magistrate can keep such evidence excluded from consideration. In our view there is no illegality in adopting such a course."

The High Court was therefore of the view that the said directions of the Supreme Court need to be followed in its true letter, spirit and intent.

"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 said.

Justice Singh also added that the said question is to be adjudicated at the final stage as recommended in the judgment of the Apex Court.

As the Court was informed that the said prosecution witness was still under cross-examination, it directed that the second question be answered by the witness and that the observations of the Special CBI Judge will be decided at the final adjudication stage.

The plea was accordingly disposed of.

Case Title: DUSHYANT KUMAR v. CENTRAL BUREAU OF INVESTIGATION

Citation: 2022 LiveLaw (Del) 554

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