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 t