The Delhi Court has allowed the former Congress MP Sajjan Kumar to use a polygraph test as a defence in connection with an anti-Sikh riot case.
The Sepcial Judge has however ruled that the test's “report by itself cannot absolve him” from the offence in view of oral evidence against him.
The SIT tasked with investigating anti-Sikh riots had claimed that Kumar was involved in two cases involving murder, arson, and looting in West Delhi.
He has moved the court seeking a list of all documents the prosecution may not have relied upon in the case. This includes a 2018 polygraph test of the accused conducted by the Central Forensic Science Laboratory which his Lawyers have argued that should have been relied upon by the prosecution which had to conduct “a fair investigation and provide a fair trial to the accused".
The Prosecution on the other hand has argued that the accused has no right to seek consideration of these documents at the stage of charge.
To this, Special Judge MK Nagpal held that though the prosecution cannot use the polygraph test report of the accused in evidence against him, the report can certainly be used by the accused in his defence.
Clarifying that the Court is allowing him to rely upon and prove the report in his defence during the course of the trial.
“However, in considered opinion of this court, since the above report by itself cannot absolve the accused from alleged offences in these cases in view of the specific oral evidence which has come on record against him during the course of investigation conducted by the SIT, this report cannot be termed as a document of sterling quality and hence, it cannot be used by the accused at the stage of charge,” the court said.
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(With input from news agency language)
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