STATE OF NCT OF DELHI Vs. MUKESH

JUDGEMENT

(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 certain statements made by P.W. 1, the complainant, and other material, a charge-sheet had been filed by the Investigating Authorities against the Respondent. After the charge-sheet had been filed, the complainant appears to have given a T.V. interview on Zee News on the same subject. In the said circumstances, the question which arises is, whether, under the provisions of Section 145 of the Evidence Act, a subsequent statement made after the filing of the charge-sheet could be treated as a "previous statement'' and be utilized for the purposes of Section 145 thereof. For the sake of reference, Section 145 of the Evidence Act is extracted hereinbelow: