The Madras High Court on Thursday set aside the order of a Metropolitan Magistrate permitting the police to take Swathi murder case accused Ramkumar to the places where CCTV footage was recovered to prove his involvement in the crime.
"In the considered opinion of this court, it is not necessary to take Ramkumar anywhere near the place of occurrence for making him re-enact the crime. The Identification of Prisoners Act was passed in the year 1920, when photography was the only technology available. Today, technology has improved by leaps and bounds, and it will be an anachronism to hold that photography will not include videography.
The taking of videograph per se will not make the suspect criminally liable. The videograph should have to be compared with the one already with the police by forensic experts and the evidence and report of the experts would become relevant under section 45 of the Evidence Act," Justice P.N. Prakash said while closing the plea moved by the accused.
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Dismissing the petitioner's contention that he will be entitled to the videograph and other materials that would be collected by the police, the judge said, "At this stage of investigation, the accused will not be entitled to any of these materials, in the light of the law laid down by a Full Bench of this Court."
The judge then directed the police to carry out the videographing process inside the prison campus (Puzhal), where the accused is lodged at present. The Superintendent of Prison is also directed to provide necessary facilities to the Investigating Officer to videograph and collect other measurements of the accused.
Earlier, the counsel for the petitioner contended that when there are so many eye witnesses in the case, it is not necessary for the police to take the videograph of Ramkumar and that it will be violative of Article 21 (Right to protection of life and personal liberty) of the Constitution.
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