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Synopsis

The Supreme Court has on April 5, 2024 took an exception to a "shocking" conduct by the police officers in "teaching" prosecution witnesses to depose in a murder case, creating a serious doubt about genuineness of prosecution case.

A bench of Justices Abhay S Oka and Ujjal Bhuyan acquitted two appellants Manikandan and another person in the case related to killing of Balamurugan on October 4, 2007, drawing adverse inference upon finding that five prosecution witnesses who were closely related to the deceased were tutored before their deposition.

"This is a blatant act by the police to tutor the material prosecution witnesses. All of them were interested witnesses. Their evidence will have to be discarded as there is a distinct possibility that the said witnesses were tutored by the police on the earlier day. This kind of interference by the Police with the judicial process, to say the least, is shocking," the bench said.

The court has directed Tamil Nadu DGP to get an inquiry conducted against the police personnel and take appropriate action against them for tutoring witnesses.

"This amounts to gross misuse of power by the Police machinery. The Police cannot be allowed to tutor the prosecution witness. This conduct becomes more serious as other eyewitnesses, though available, were withheld. We are surprised that both the Courts overlooked this critical aspect," it added.

Saying both the Sessions Court and the High Court have committed an error in convicting the appellants, court allowed the appeals, while noting the appellants had already undergone 10 years incarceration before grant of bail.

Court was told by the appellant that though independent eyewitnesses were available, the prosecution had chosen to examine only the witnesses closely related to the deceased, who were tutored and interested witnesses.

After going through the matter, the bench noted first five interested witnesses, who were closely related to the deceased, were called to the Police Station and were taught by the police how to depose against the accused. 

"Therefore, we must proceed on the footing that the first five witnesses were “taught” at the Police Station how to depose. This happened a day before the day their evidence was recorded before the court," the bench said, setting free the accused appellants.

Case Title: Manikandan vs. State by the Inspector of Police