LI Network
Published on: December 23, 2023 at 00:51 IST
The Delhi High Court has emphasized that the recording of a prosecutrix’s testimony through a “two-way video conferencing facility” in sexual assault cases does not constitute an adverse impact nor does it amount to a denial of the accused’s right to a fair trial or effective cross-examination.
Justice Swarana Kanta Sharma clarified that while the recording of the victim’s testimony would utilize the two-way video-conferencing facility, it still must adhere to the traditional parameters of reliability and be subject to scrutiny based on the credibility derived from cross-examination.
The Court, handling a plea from two accused individuals facing trial for an alleged gang rape of a foreign national, affirmed the use of video conferencing and rejected the request for the physical presence of the prosecutrix during examination and cross-examination.
The prosecutrix, a 23-year-old USA national, accused the three individuals of sexual assault in 2019. The trial court had dismissed the plea of the accused seeking the physical presence of the prosecutrix, prompting the appeal.
Justice Sharma, upholding the trial court’s decision, directed that the guidelines laid down by the Supreme Court must be followed while recording the statement of the prosecutrix.
Acknowledging the trauma faced by a foreign citizen testifying in another country, the court justified the use of video conferencing to avoid the distressing impact of face-to-face confrontation.
In cases of sexual assault, the vulnerability of the witness lies in the mental and physical trauma experienced, making them susceptible to the atmosphere and the presence of the accused.
The court stressed the importance of considering the unique circumstances surrounding cases involving victims of sexual assault who are foreign citizens, recognizing the emotional toll and challenges they face.