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2013 Supreme(SC) 1207

ALTAMAS KABIR, M. Y. EQBAL, VIKRAMAJIT SEN
State of N. C. T. of Delhi – Appellant
Versus
Mukesh – Respondent


ORDER :

1. Leave granted. This appeal is directed against the judgment and order dated 7th March, 2013, passed by a learned Single Judge of the Delhi High Court in Criminal Revision Petition No. 124 of 2013. By his said order, the learned Judge set aside the order passed by the Trial Court rejecting the prayer made on behalf of the accused to confront P.W. 1 with a statement made by him in a Television interview on Zee News on 8th February, 2013, after the filing of the charge-sheet, for the purpose of contradicting him with his previous statement in order to test his veracity and to impeach his credibility, as provided for under Section 146 of the Evidence Act, 1872.

2. The learned Solicitor General urged that the view taken by the High Court could result in serious consequences in the matter of holding of trials on account of the fact that the attempt to bring in evidence by way of cross-examination of a prosecution witness, in regard to statements made after the filing of the charge-sheet, would be contrary to the provisions of Section 145 of the Evidence Act as well as Section 161 of the Code of Criminal Procedure, 1973 ['Code', for short].

3. In the instant case, on the basis of









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