Madras High Court
Premkumar vs The Inspector Of Police on 29 April, 2022
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.04.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.(MD) No.8333 of 2022
Premkumar ...Petitioner
Vs.
1. The Inspector of Police,
All Women Police Station,
Madurai Town, Madurai.
2. D. Sumathi ...Respondents
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to
direct the record the evidence of petitioner's daughter fourth accused who is
currently residing in Japan through video conference directly by the trial
Court Judicial Magistrate, Additional Mahila Court, Madurai in C.C.No.46/2016.
For Petitioner : Mr. C. Mayilvahana Rajendran
For Respondents : Mr. R.M.Anbunithi,
No.R1 Additional Public Prosecutor
https://www.mhc.tn.gov.in/judis
2
ORDER
This petition has been filed seeking direction to direct the record the
evidence of petitioner's daughter fourth accused who is currently residing in
Japan through video conference directly by the trial Court namely the learend
Judicial Magistrate, Additional Mahila Court, Madurai in C.C.No.46 of 2016.
2. The petitioner is the second accused in CC No.46 of 2016 and her
daughter is working in Japan and she is not able to visit India due to covid-19
pandemic situation and there are facing charges for the offence under
Sections 498(A),294(b)406,506(i) of IPC and Section 4 of D.P.Act.
3. There are totally four accused in this case and except the daughter
of the petitioner other accused persons are appearing before the Court. The
prosecution has examined all the witnesses and the case stands posted for
questioning under Section 313 of Cr.P.C. Due to covid-19 pandemic situation
she could not come to India and as such she is seeking direction to record her
statement under Section 313 of Cr.P.C through video conferencing. In this
regard, the learned counsel for the petitioner relied on the judgment of the
Hon'ble Supreme Court of India in 2015 SCC Online Cal 1191, wherein the
Hon'ble Supreme Court of India has issued certain guidelines for recording
evidence through video conferencing directly by the trial Court.
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4. Considering the above, the trial Court is directed to record the
statement of the daughter of the petitioner herein for questioning under
Section 313 of Cr.P.C alone through video conferencing. However the trial
Court shall follow the following safeguards for the purpose of recording
statement though video conferencing:
a) the Court must be satisfied about the identity of the witness giving
evidence through video conferencing,
b)the Court will administer the oath to the witness before recording of
the evidence,
c)the witness must be examined during the working hours of the
Indian Courts,
d)the copy of the documents to be proved by the witnesses must be
sent to the witness in advance,
e)the Court must ensure that the witness is alone in the room of the
Indian Embassy from where the witness is giving evidence through video
conference
f) The court must record the demeanour of the witness which is
relevant for the purpose of evaluation of evidence of the witness.
g)The recording of evidence of the witness once started through video
conferencing must be continued on day to day basis till completion of
recording of evidence of the said witness
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h)the trial Court can impose any other condition to ensure smooth
recording of evidence of the witness through video conference.
5. Accordingly the petitioner is permitted. It is made clear that
recording of statement of the fourth accused is permitted only for the purpose
of recording of statement under Section 313 of Cr.P.C alone.
29.04.2022
Internet:Yes
Index:Yes/No
Speaking/Non speaking order
aav
To
1. The Inspector of Police,
All Women Police Station,
Madurai Town, Madurai.
2. The Additional Public Prosecutor
Madurai Bench of Madras High Court
https://www.mhc.tn.gov.in/judis
G.K.ILANTHIRAIYAN.J.,
aav
Crl.O.P.(MD) No.8333 of 2022
29.04.2022
https://www.mhc.tn.gov.in/judis
