What is object of recording statement of victim by audio video means as per S 26(4) of Pocso Act ?

 • About digital evidence

28. When entire judgment is perused, the trial court has not made any comment about the digital evidence produced in the form of memory card. It contains recording of statement done by the police. There are special provisions by way of sub-section (4) to Section 26 of the Protection of Children from Sexual Offences Act about manner of recording the statement of the child. It should with the help of not only audio but by video recording means.

• Purpose of incorporating Section 26 (4) in the POCSO Act

29. Why Learned Judge has overlooked these provisions when it was followed by the investigating officer? Learned Judge has totally overlooked them and also overlooked the evidence adduced. Learned Judge could have verified the fact 'the child has really stated the facts forming part of statement reduced into writing'. There is definite purpose for inserting these provisions in the said Act. It is for the purpose having transparency. In future, the child should not make a grievance 'she has not stated particular portion but still it is appearing in her police statement'. At the same time such provision is also incorporated in order to have check on conduct of the victim in resiling from her police statement. Even in a given case, the accused can make use of this audio-video recording in case of inconsistency in between oral testimony and contents of police statement. The legislatures have incorporated such provision for the protecting the interest of all the concerned persons. I want to emphasis on this provision in the Act. There are training conducted in Maharashtra Judicial Academy on POCSO Act also. This Court expects the Judges be made aware of these provisions and let have deliberation on this aspect. When the trial Court Judges start recognizing the purpose of incorporating Section 25(6) in the said Act, there will be check on the hostility of the victims.

30. For all these reasons, the trial court ought to have made some comment on digital evidence. But it seems that this piece of evidence has slipped from the mind. There is reason to believe that the learned trial judge has only proceeded in the direction of convicting the Appellant.

IN THE HIGH COURT OF BOMBAY

Criminal Appeal No. 990 of 2019

Decided On: 09.05.2024

Deelip Tatoba Raje Vs. The State of Maharashtra and Ors.

Hon'ble Judges/Coram:

S.M. Modak, J.

Citation: MANU/MH/3173/2024.

Read full Judgment here: Click here.

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