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D. Y. CHANDRACHUD, SURYA KANT
Smruti Tukaram Badade – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
Dhananjaya Y Chandrachud, J.
1. The need for and importance of setting up facilities which cater to the need for creating a safe and barrier free environment for recording the evidence of vulnerable witnesses has engaged the attention of this Court over two decades. In Sakshi v Union of India, (2004) 5 SCC 518 this Court issued directions in addition to those which were contained in the decision in State of Punjab v Gurmit Singh, (1996) 2 SCC 384. The relevant extract from the decision in Sakshi (supra) reads thus:
(1) The provisions of sub-section (2) of Section 327 CrPC shall, in addition to the offences mentioned in the sub-section, also apply in inquiry or trial of offences under Sections 354 and 377 IPC.
(2) In holding trial of child sex abuse or rape:
(i) a screen or some such arrangements may be made where the victim or witnesses (who may be equally vulnerable like the victim) do not see the body or face of the accused;
(ii) the questions put in cross-examination on behalf of the accused, insofar as they relate directly to the incident, should be given in writing to the presiding officer of the court who may put them to the victim or witnesses in a language whic
The main legal point established in the judgment is the importance of creating a safe and barrier-free environment for recording the evidence of vulnerable witnesses and issuing directions for the ad....
The court emphasized the importance of establishing VWDCs and creating comprehensive guidelines for the recording of evidence of vulnerable witnesses in various jurisdictions.
The court upheld the use of video-conferencing for vulnerable witnesses, emphasizing that it does not infringe on the accused's right to a fair trial while addressing the unique challenges faced by f....
Points Of Law : If Remote Point Coordinator is not available on the day of the evidence of the witnesses being recorded for any reason, the Secretary, District Legal Service Authority shall act as th....
A trial must adhere to specific protocols when dealing with vulnerable witnesses, such as deaf and dumb individuals, ensuring competent interpretation and proper recording to uphold justice.
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