New Delhi: A fast-track court on Wednesday said it cannot allow the accused to cross-examine the friend of the December 16 gang-rape victim regarding the contents of an interview given by him to a news channel.
"The questions qua the contents of the CD of an interview given by the complainant (victim`s male friend) cannot be allowed to be asked as it indirectly would allow the use of the video CD for the purpose of cross-examination under the Indian Evidence Act," Additional Sessions Judge Yogesh Khanna said.
The judge made the observations as the counsel for accused Mukesh asked the 28-year-old software engineer, the lone eye witness to the incident, if it was correct that he had stated in his interview to a news channel that when the SDM was to record the statement of the victim, he was approached by police to remain present.
Special Public Prosecutor Dayan Krishnan opposed the counsel`s attempt to confront the youth with the contents of the interview.
Disallowing the question, the court said the use of the interview as an evidence has been stayed by the apex court.
The judge later deferred the cross-examination of the youth till May 8 considering that his initial questioning was disallowed in view of the March 22 order of the Supreme Court and the matter was to come up before apex court, day after tomorrow.
The judge also said that the defence counsel cannot check the "veracity and credibility" of the interview at this stage even as its use as evidence was earlier allowed by the Delhi High Court and then stayed by the Supreme Court.
The victim`s friend, had in an interview in January this year, had criticised the Delhi Police for its tardy response and bemoaned public apathy after both of them were assaulted and thrown out of the moving bus with injuries after she was gangraped by six men.
The victim`s friend had said that they had been lured
into boarding the private bus on December 16 night.
The 23-year-old paramedic student was gangraped and brutally assaulted when the two boarded a bus after watching a movie in a cinema hall on December 16.
Meanwhile, before the beginning of the proceedings, the court directed two foreign journalists to leave the courtroom after the prosecutor said, "I want to be doubly sure that there is no foreign media in the courtroom as only Indian media is allowed inside."
After the day`s proceedings, the complainant, while talking to the media outside the courtroom, said "I am fine now".
To another question, he said he visits the victim`s family some time.
Regarding his letter to the government for a job, he said, "Initially, I had got a lot of offers for help but nobody gave me a job."