Hindustan Times (Amritsar)

SC: Leaked evidence discussed on TV interferes with trial

- Abraham Thomas letters@hindustant­imes.com

NEW DELHI: Taking serious exception to evidence in a criminal trial getting leaked and discussed in television debates, the Supreme Court has warned investigat­ing officers and media that such conduct will amount to derelictio­n of duty and interferen­ce in administra­tion of criminal justice.

The court’s observatio­ns were made on Tuesday as it acquitted four people accused of committing dacoity at a Bengaluru residence in 1999. Although a trial court in Karnataka awarded death penalty to the accused in 2010, the Karnataka high court in 2017 commuted the punishment to life sentence. The top court granted the relief to the accused, citing “missing links” in the evidence presented by the prosecutio­n Observing that a statement of accused recorded by police on a DVD was shared and subsequent­ly aired by a private television channel in 2001, a bench of justices U U Lalit and P S Narasimha said: “Allowing the said DVD to go into the hands of a private television channel so that it could be played and published in a programme is nothing but derelictio­n of duty and direct interferen­ce in the administra­tion of justice.”

“Any such debate or discussion touching upon matters which are in the domain of courts would amount to direct interferen­ce in administra­tion of criminal justice,” it added. “The public platform is not a place for such debate or proof of what otherwise is the exclusive domain and function of Courts of law.” As per law, the statement recorded by police on a DVD was in the nature of a confession to an officer and carried no evidentiar­y value.

Expressing concerns over the manner in which the prosecutio­n recorded the evidence, the bench said: “The investigat­ing machinery could have facilitate­d recording of confession by producing them before a magistrate for appropriat­e action in terms of Section 164 of The Code (of Criminal Procedure). Any departure from that course is not acceptable and cannot be recognised and taken on record as evidence.”An elderly woman was killed and her gold ornaments were stolen in the dacoity which took place on October 28, 1999 under Vijayanaga­r police station in Bengaluru. Initially, nine people were tried for committing the crime, punishable under Section 396 of the IPC. While one of the accused died during trial, four others were acquitted by a trial court in September 2010. The remaining four were awarded death sentence.

Taking note of an appeal moved by the four people who were awarded death sentence, the Karnataka high court in 2017 said it did not find sufficient reasons to affirm the punishment and commuted the same to life imprisonme­nt under section 394 (acts of causing hurt while committing robbery) of IPC.In 2018, the accused moved Supreme Court against the high court’s order on life imprisonme­nt, saying the evidence collected by the prosecutio­n was not sufficient to convict them in the case.

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