Published On : Mon, Aug 1st, 2016

HC expunges inadmissible evidence recorded by Special court for CBI

Nagpur High Court Bench
The Nagpur Bench of the Bombay High Court while delivering an important Judgment touching the Criminal Jurisprudence, directed that several portions of evidence recorded by the special court- CBI Nagpur presided over by Justice V D Shukla be expunged from record as the said portions were hit by Section 25 of the Indian Evidence Act, they being in the nature of confession made to a police officer.

The said matter pertains to the trial against the Accused Naresh Kumar, who was serving in the office of the Chief Records Officer, Brigade of Guards, Kamptee and one Sheikh Wahid had demanded bribe amount for helping the complainant secure the job of Lower Division Clerk, Office Brigade of Guard.

Justice S B Shukre while delivering the judgment held that the objection raised by the defense should have been decided forthwith and that there was also no reason whatsoever for the learned Special Judge, to have deferred his decision on this objection, the provision of law being as crystal clear as sun light.

The High Court thus allowing the revision application of the accused directed that the inadmissible evidence tendered by 3 witnesses be removed immediately and shall not be considered at all while appreciating the evidence. Shyam Ahirkar Advocate represented CBI, while Senior Advocate Avinash Gupta and Aakash Gupta Advocate appeared on behalf of the applicants.