by Mark R. PotterRegional EditorAkron -- Polygraph tests will be allowed as evidence in a sexual battery case involving a 26-year-old man, per a ruling May 11 by Summit County Common Pleas Judge Judy Hunter.However, the county prosecutor says she plans to appeal that decision.Sahil Sharma, 25, was indicted on charges of sexual battery by county Prosecutor Sherri Bevan Walsh Oct. 4, 2006 and his trial is set to begin this August. Sharma pleaded not guilty to the charges Oct. 11, 2006.According to an Aug. 12, 2006 Cuyahoga Falls Police report, a 23-year-old Cuyahoga Falls woman reported an unknown man had unwanted sexual conduct with her while she was sleeping in a room at a Front Street hotel.Court records show Sharma's attorney Kirk Migdal asked Hunter to admit in court the results of a polygraph test conducted on Sharma by the Cleveland-based Poly-Tech Associates Inc. Aug. 23, 2006. According to an Aug. 30, 2006 letter from Poly-Tech representative William Evans to Migdal, Sharma was "substantively truthful [on the polygraph]."Migdal did not return phone calls seeking comment by press time."It is our opinion that Judge Hunter's decision is contrary to the established law in the state of Ohio and that it further invades the province of the jury in determining the truth of the charges," Walsh stated in an e-mail to Record Publishing Co. from the prosecutor's office. "Therefore, we will ask the court of appeals to review her decision."According to court records, Sharma, a law student from New York City, was in the Akron area in August 2006 to attend his cousin's wedding. Migdal stated in court documents that his client had drinks with the alleged victim at the hotel bar and told her she could stay at the hotel if she did not wish to drive home. The woman stayed in Sharma's room that night, Migdal stated, adding any sexual acts he engaged in with her were consensual.The final pretrial date is set for July 31 and the trial date is Aug. 13.E-mail: mpotter@recordpub.comPhone: 330-688-0088 ext. 3154