Prosecutrix Testimony via Two-Way Video Conferencing
- Delhi High Court’s Ruling The Delhi High Court recently emphasized that using two-way video conferencing for recording prosecutrix testimony in sexual assault cases does not prejudice the accused’s right to a fair trial or hinder effective cross-examination.
- Judicial Perspective Hon’ble Ms. Justice Swarana Kanta Sharma stated that while victim testimony through this medium should meet traditional reliability standards, its credibility would be assessed based on cross-examination scrutiny.
- Video Conferencing as a Comprehensive Platform Justice Sharma highlighted that video conferencing involves:
- Participation of the accused
- Presence of the victim
- Involvement of the prosecutor
- Engagement of defense counsel
- Oversight by the Trial Court Judge This setup ensures adherence to criminal justice principles.
- Case Context The ruling came while adjudicating a petition by two accused individuals in an alleged gang rape case of a 23-year-old American national in 2019.
- Petitioners’ Request The accused requested the physical presence of the prosecutrix for examination and cross-examination.
- Balancing Rights and Procedures The court’s decision aims to balance the rights of the accused with the need for efficient and sensitive handling of sexual assault cases.
- Implications for Future Cases This ruling may set a precedent for the use of technology in recording sensitive testimonies while maintaining judicial integrity.
High Court’s Decision on Video Conferencing Testimony”
Trial Court’s Initial Ruling
The trial court rejected the accused’s plea for in-person testimony from the prosecutrix.
High Court’s Affirmation
The Hon’ble High Court upheld the trial court’s decision, supporting the use of video conferencing for the prosecutrix’s testimony.
Adherence to Supreme Court Guidelines
The High Court directed the trial court to strictly follow the Supreme Court’s guidelines when recording the prosecutrix’s statement via video conferencing.
Consideration of Victim’s Trauma
The court recognized the emotional distress associated with testifying in sexual assault cases, particularly for foreign victims.
Justification for Video Conferencing
- The use of video conferencing was justified based on:
- The potential emotional toll on the victim
- The challenges of recounting traumatic experiences in a foreign courtroom
Universal Impact of Sexual Assault
The court acknowledged that sexual assault is universally devastating, transcending national boundaries.
Special Considerations for Foreign Victims Emphasis was placed on the need for courts to consider the unique challenges faced by foreign victims seeking justice in another country, including:
- Language barriers
- Unfamiliarity with the legal system
- Potential cultural differences
Balancing Justice and Victim Welfare
The decision aims to strike a balance between ensuring a fair trial and protecting the well-being of the victim.
Potential Precedent
This ruling may set a precedent for handling cases involving foreign victims in sexual assault trials, potentially influencing future court procedures.
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