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Prosecution allowed to record accused's evidence in-camera

Special public prosecutor Harshad Nimbalkar submitted that the approver’s evidence be recorded in-camera according to provisions of section 327 (2) of the Criminal Procedure Code (CrPC).

Nimbalkar said, “Chaudhary’s confessional statement was recorded by a magisterial court after his plea to become an approver was considered by the sessions court. His evidence is sensitive in nature as he has given details of the role played by him and other suspects while committing the crime.”

Defense lawyer B A Aloor had taken objection to the in-camera trial. “Such statements can be recorded only if the concerned person is a victim,” Aloor stated during his argument. He also emphasised the need to file a separate affidavit before the court in such cases.

However, Nimbalkar argued that if the statement is different than his confession, only then was there a need for such an affidavit. The court rejected the strong objections from the defence counsel. Hereafter, the judicial proceedings will be conducted in the judge’s chamber or behind closed doors.

Background
Nayana Pujari, an employee of Synechron software company located at Kharadi, was raped and murdered in the Zarewadi forest area at Rajgurunagar in Khed on October 8, 2009. Yogesh Raut, Rajesh Chaudhary and Mahesh Thakur, all from Khed, and Vishwas Kadam of Satara were arrested in connection with the case. A chargesheet against them was filed on January 12, 2010. 

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