A fast-track court today said it cannot allow the accused to cross-examine the friend of the December 16 gangrape 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.
