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2019 Supreme(Mad) 2868

S.VAIDYANATHAN, N.ANAND VENKATESH
Satheesh Kumar – Appellant
Versus
Inspector of Police – Respondent


JUDGMENT :

1. It will be relevant to extract the order passed by this Court on 08.11.2019 as under:

    “(1) In our tenure, for the last two months, we noticed that in lots of cases, the list of hostile witnesses is getting bigger and bigger, resulting in acquittals. If this trend is allowed to be continued, people will loose faith in Criminal Justice System. We noticed that the Legislature had thought it fit to introduce the proviso to Section 161 of Criminal Procedure Code by Act 5 of 2009, which came into effect on 31.12.2009, whereby, the examination of the witnesses by Police can be recorded by audio/video electronic means. We found that this proviso has remained in the book for the last ten years and not once it has been resorted to. Recording the examination of witnesses by Police by audio/video electronic means will make it easier for the prosecution to confront witnesses before the Court when the witness wriggles out of the earlier statement and is treated to be hostile. It will bring in an element of deterrence and make the witness think twice before he disowns the statement given to the Police. This will also enable the witness to substantiate before the Court that the stateme

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