Criminal trial  - CD - Complainant moved application praying that the content of a CD be received as additional evidence, containing some interview given by the accused to some TV channel -  The said CD is said to contain certain statements which would go in the opinion of the de facto complainant to prove the guilt of the accused - For receiving such material on record at this stage, in our opinion, requires the examination of too many questions of law including questions of the interpretation of some of the provisions of the Constitution -  Assuming for the sake of argument that this Court in exercise of its extra­ordinary jurisdiction can receive such evidence, necessarily such an exercise requires the giving of an opportunity to the first accused before such evidence is taken on record - In our opinion, all that is avoidable for the reason: even if it is assumed that the first accused admitted to his participation in the occurrence, (a fact which we have already concluded independent of his own confession alleged in the TV show) in the light of the medical evidence on record, he cannot be held guilty of causing the death -  We, therefore, see no reason to entertain the application - Such admissions, if any do not help improve the case of the de facto complainant.


(2018)2 SCeJ 1112 - criminal trial - nav
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