Sippy Sidhu murder: CBI court dismisses Kalyani’s plea seeking probe docs, data

Stating that the accused had failed to show through the instant application as to how the data was relevant, necessary or desirable for the purpose of a fair trial in this case, the CBI court hearing the Sippy Sidhu murder case has dismissed the application of accused Kalyani Singh seeking supply of data/records pertaining to the probe.

“In absence thereof, the same cannot be provided to the applicant merely on asking. There is no fact mentioned in application by virtue of which this court can judiciously determine the relevancy, necessity or desirability of the documents sought to be produced. There is nothing brought before this court to show that the documents sought for are necessary or relevant for any purpose in connection with the trial of the instant case, including the defence of the accused,” said CBI special judge Alka Malik in the order.

The CBI court added that simply because some documents or data was seized by the prosecution and was not relied upon, the same cannot be supplied to the accused on mere asking: “It would be counterproductive to the trial as the data, which is not necessary for the purpose of trial, supply thereof, would cause unnecessary delay in trial.”

The accused, Kalyani, had moved an application seeking court directions to the prosecution to provide a copy of data and documents, including the police diary, in the case.

Kalyani had sought details of the hard disk, external drive, laptop and mobile SIM of slain Sippy Sidhu.

It was stated in the application that these articles were sought by the accused in compliance of Section 207 of Code of Criminal Procedure at pre-trial stage and the court of special judicial magistrate had partly allowed the application vide order dated December 6, 2022.

The order was challenged before the Punjab and Haryana high court and allowed. But the HC order was assailed by CBI before the Supreme Court.

While disposing of the petition, the apex court had modified the HC order and granted liberty to the accused to make an application for furnishing relevant material during trial.

It was stated that the articles are needed to cross-examine the witnesses for a fair trial.

The CBI opposed the plea in court and stated that accused had already asked for these documents that were not at all relevant for the purpose of the instant case and also not relied upon by the prosecution and that request of the accused had been adjudicated up to the apex court of the land.

It further urged that by virtue of the order referred on behalf of the applicant, the apex court has also ordered for supply of the relevant documents only. The order of the apex court, thus, could not be construed for production of any document as had been claimed through the application, it was stated.

Disposing of another application seeking to remove a sketch of Kalyani which the CBI got made from a witness, as evidence during trial, the court stated that since the sketch in question was exhibited (subject to proof), its admissibility and relevancy shall be considered at the final stage of proceedings.

Kalyani’s responses during polygraph test were deceptive, CFSL official tells court

The examination-in-chief of the CFSL expert was carried out in the CBI court on Wednesday. AK Singh, posted as deputy director, CFSL, New Delhi, stated that CBI had requested for a polygraph test of two subjects Kalyani Singh and Parminder Singh.

“The polygraph test of Kalyani Singh was conducted on November 13, 2017, and she was asked 12 questions. All questions were answered by her as ‘no’. Her polygrams were analysed and it was opined that responses to nine questions were deceptive and answers to three of the questions were found to be inconclusive,” Singh told the court.

He identified his signatures and stated that he had examined more than 2,700 subjects in 830 cases referred by different law enforcement agencies to their division.