Anti-Sikh riots: Sajjan Kumar can use polygraph test in defence but report alone can’t absolve him, says Delhi court

Kumar had moved the court seeking a list of all documents the prosecution may not have relied upon in the case. These include a list of supplementary statements of witnesses and a 2018 polygraph test of the accused conducted by the Central Forensic Science Laboratory (CFSL). His lawyer had argued that the documents 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 had contented that the accused had no right to seek consideration of these documents at the stage of charge.

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.

“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.

The court further said the accused is “only being given liberty to rely upon and prove the report in his defence during the course of the trial.”