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 statement shown before the Court was not actually given by him and it was a creation of the Police. Therefore, it will be of use both to the witness as well as to the prosecution and it will enable the Court to properly appreciate the evidence of such witness in dock.

(2) We also notice that a similar proviso was added to Section 164 of Criminal Procedure Code which deals with recording of confessions and statements by the Metropolitan Magistrates or Judicial Magistrates, as the case may be. This proviso also came into force on the same date of course, in some of the cases while dealing with the POCSO Act, we find that the Special Courts are using audio/video electronic means for recording the statements of the victim girl and others. However, it is important to put to use audio/video electronic means to record the statements on a regular basis, so that the witness who disowns such a statement can be confronted by showing the audio/video recording and it will help the Court to impeach the credit of the witnesses under Section 155 of the Indian Evidence Act and also to take appropriate action for perjury. Unless an element of deterrence is brought in the minds of witnesses, witnesses turning hostile is only going to continue and acquittals are going to pile up and it will ultimately end up in complete break down of the Criminal Justice System. We are living in era where the science has grown so much and it is high time that electronic means is used extensively in the investigation and the effectiveness and quality of the investigation is substantially improved.

(3) We, therefore, thought it fit to give certain directions in this case which could be implemented throughout the State in all future investigations. We thought it fit to take the assistance of the Bar in this regard so that we will be sufficiently appraised of the manner in which this could be effectively implemented.

(4) Post this case in the same caption on 13.11.2019 at 02.15 p.m. We request the State Public Prosecutor and also the learned Additional Public Prosecutor to take necessary instructions from the Police in order to assist the Court. If required, a higher level Police official shall also be present before this Court so that we will be in a position to properly understand the practicality to implement it, by putting certain questions to the Police officer.

(5) Registry is directed to mark a copy of this order to the Madurai Bench of Madras High Court Bar Association, High Court Complex, Madurai (MMBA), Madurai Bench of Madras High Court Advocate Association (MBHAA), High Court complex, Madurai and Women Advocates Association, High Court Complex, Madurai. We request the Bar to assist this Court in this regard.”

2. Pursuant to the order passed by this Court, there was a large scale participati