MAIN POINT

Recording of testimony of witnesses (and/or complainant) by video conferencing is valid provided proper safeguards are followed.

JUDGMENT

JAGDISH SINGH KHEHAR, J.

Leave granted.

2. The appellant before this Court is an accused, who is facing trial in ST No. 1(8) of 2014 arising out of Kalighat police station Case No. 164/2013 dated 1.6.2013, inter alia, under Section 376 of the Indian Penal Code. The complainant in the above case is a citizen of Ireland, resident in Dublin. Four witnesses were examined by the trial Court before examining the prosecutrix-PW5. The trial Court accepted to record the testimony of the prosecutrix, through video conference.

3. The appellant before this Court raised a challenge to the procedure adopted by the trial Court, while recording the statement of PW5 on various grounds, by filing a petition under Section 482 of the Code of Criminal Procedure. The learned Single Judge of the High Court of Calcutta, disposed of Criminal Revision No. 1285 of 2015, by passing the impugned order dated 16.06.2015. Alleging, that the postulated procedure was not fair to the appellant, the appellant has approached this Court.

4. We have heard learned counsel for the rival parties at some length, and are satisfied, that the following procedure should be adopted, in addition to the steps and safeguards provided in the impugned order, while recording the statement of PW5:

I) The State of West Bengal shall make provision for recording the testimony of PW5 in the trial Court by seeking the services of the National Informatic Centre (NIC) for installing the appropriate equipment for video conferencing, by using “VC Solution” software, to facilitate video conferencing in the case. This provision shall be made by the State of West Bengal in a room to be identified by the concerned Sessions Judge, within four weeks from today. The NIC will ensure, that the equipment installed in the premises of the trial Court, is compatible with the video conferencing facilities at the Indian Embassy in Ireland at Dublin.

II) Before recording the statement of the prosecutrix-PW5, the Embassy shall nominate a responsible officer, in whose presence the statement is to be recorded. The said officer shall remain present at all times from the beginning to the end of each session, of recording of the said testimony.

III) The officer deputed to have the statement recorded shall also ensure, that there is no other person besides the concerned witness, in the room, in which the testimony of PW5 is to be recorded. In case, the witness is in possession of any material or documents, the same shall be taken over by the officer concerned in his personal custody.

IV) The statement of witness will then be recorded. The witness shall be permitted to rely upon the material and documents in the custody of the officer concerned, or to tender the same in evidence, only with the express permission of the trial Court.

V) The officer concerned will affirm to the trial Court, before the commencement of the recording of the statement, the fact, that no other person is present in the room where evidence is recorded, and further, that all material and documents in possession of the prosecutrix-PW5 (if any) were taken by him in his custody before the statement was recorded. He shall further affirm to the trial Court, at the culmination of the testimony, that no other person had entered the room, during the course of recording of the statement of the witness, till the conclusion thereof. The learned counsel for the accused shall assist the trial Court, to ensure, that the above procedure is adopted, by placing reliance on the instant order.

VI) The statement of the witness shall be recorded by the trial Court, in consonance with the provisions of Section 278 of the Code of Criminal Procedure. At the culmination of the recording of the statement, the same shall be read out to the witness in the presence of the accused (if in attendance, or to his pleader). If the witne