DILBHAJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner Dilbhajan Singh, who is facing trial under Sections 376/506, IPC, has filed the instant criminal revision against the order dated 6-3-2004 passed by Additional Sessions Judge, Chandigarh, vide which request of the petitioner to screen/ show the blue video recording, in which the prosecutrix is shown indulging in undesirable sexual acts, and to put certain questions in her cross-examination, has been declined.

(2.) On the basis of the complaint made by the prosecutrix FIR No. 197 dated 6-5- 2002 was registered against the petitioner at Police Station, Kotwali Bathinda. During the course of trial, when the prosecutrix was being examined as a witness, the defence counsel wanted to put and show her a blue video recording picture in which she was shown to have been involved in sexual inter course with two boys, with object to demolish her credibility and establish her character being Immoral. This prayer of the defence counsel was strongly opposed by the Public Prosecutor arguing that such kind of blue picture cannot be shown and put to the prosecutrix in her cross-examination in view of the specific amendment made by the legislation in Sections 146 and 155 of the Indian Evidence Act. On this point of law, cross-examination of the prosecutrix was deferred and the arguments were heard. Ultimately, vide impugned order dated 6-3- 2004, the learned trial Court rejected the prayer of the defence counsel, while holding that keeping in view the amendments made in the Indian Evidence Act, the accused cannot be allowed/permitted to show the blue picture in the Court room and to put the same to the prosecutrix in her cross- examination. Against this order, the petitioner has filed the instant criminal revision.

(3.) After hearing learned counsel for the petitioner and going through the impugned order and the various provisions of the Indian Evidence Act, I do not find any merit in the instant petition. In view of the recommendations of the Law Commission of India in its 28th and 172 reports, drastic amendment has been made in the Indian Evidence Act pertaining to the provisions where the prosecutrix is to be examined in a rape case. In this regard, two major amendments have been made by the Indian Evidence (Amendment) Act, 2002, which have been implemented by the Indian Parliament Act No. 4 of 2003 with effect from 1-1-2003. Firstly, the following proviso has been added to Section 146 of the Indian Evidence Act :