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2020 Supreme(Pat) 100
IN THE HIGH COURT OF JUDICATURE AT PATNA
S. Kumar, J.
Angela Lee Hicks - Appellant
Versus
State Of Bihar - Respondent
Criminal Writ Jurisdiction Case No. 343 of 2020
Decided On : 23-06-2020
Ashish Giri, Advocate
The central legal point established in the judgment is the use of video conferencing for recording the statement of a minor victim and the application of Section 164 of Cr.P.C in such cases.
Headnote:
Video Conferencing - Recording Statement of Minor Victim - The court directed the recording of the statement of a minor victim through video conferencing at the Indian Embassy in Thailand, based on the request of an American citizen and the provisions of Section 164 of Cr.P.C.
Fact of the Case:
An American citizen filed a criminal writ petition to direct the recording of her minor daughter's statement, who was subjected to sexual assault and harassment in Darbhanga, Bihar. The petitioner and her daughter were residing in Thailand and sought to have the statement recorded through video conferencing.
Finding of the Court:
The court directed the District & Sessions Judge, Darbhanga, to depute a lady Judicial Magistrate to record the victim's statement through video conferencing at the Indian Embassy in Thailand. The court also emphasized the provisions of Section 164 of Cr.P.C and the existing treaty on mutual legal assistance between India and Thailand.
Issues: Recording statement of minor victim through video conferencing, legal assistance between India and Thailand, jurisdiction of the court in such cases.
Ratio Decidendi: The court relied on the provisions of Section 164 of Cr.P.C and the existing treaty on mutual legal assistance between India and Thailand to allow the recording of the victim's statement through video conferencing at the Indian Embassy in Thailand.
Final Decision: The court directed the recording of the victim's statement through video conferencing at the Indian Embassy in Thailand and disposed of the application.
JUDGMENT
S Kumar, J. - Heard learned counsel for the petitioner, however, there is no representation on behalf of State of Bihar for successive two days.
2. Petitioner who is an American Citizen has filed this criminal writ petition for issuance of a direction to record the statement of her minor daughter who was subjected to sexual assault and sexual harassment while staying at Darbhanga by the accused person as disclosed in FIR giving rise to Darbhanga Town PS Case No. 219 of 2019 dated 12.09.2019 under sections 354A, 354D, 504 & 506 of IPC. After suffering the ordeal petitioner alongwith her victim minor daughter went to Thailand at Chiang Mai for therapy of her daughter where they are currently residing and from where they will be moving back to United States of America. In spite of her best efforts and representations to the concerned authorities, no step was taken for recording the statement of the victim minor girl by the Investigating Officer (I.O)/Police officials and as such petitioner prays that the statement of her minor victim daughter be recorded under Section 164 of Cr.P.C by a Court through Video Conferencing for which necessary permission for recording her statement through Video Conferencing from the American Embassy in Chiang Mai, Thailand, was obtained and arrangement was made for the victim to go to Indian Embassy through Indian Consulate in Chiang Mai, Thailand.
3. Petitioner has enclosed a letter dated 08.05.2020 of Ministry of Home Affairs, Govt. of India, in which it has been stated that there is no legal bar in getting the statement of victim recorded through Video Conferencing. A treaty on mutual legal assistance in criminal matters is existing between India and Thailand. The treaty provided for mutual legal assistance in connection with investigation, prosecution and other proceedings related to criminal matters. The letter dated 08.05.2020 of Ministry of Home Affairs, Govt. of India is reproduced hereinbelow:-
| "No. 25014/32/2020-LC | ||
| Government of India | ||
| Ministry of Home Affairs | ||
| IS Division-II/Legal Cell | ||
| Major Dhyan Chand National Stadium, | ||
| 2nd Floor,Opposite lndia Gate, New | ||
| Delhi-110001 | ||
| Dated, the 5th May, 2020 | ||
| Office Memorandum | ||
| Subject: Request of US national Ms Angela Hicks regarding recording of testimony of her minor daughter in the case FIR No. 219/2019 registered in Town Police station, Darbhanga (Bihar). | ||
| The undersigned is directed to refer to E mail dated 3rd Feb, 2020 from High Commission of Chiang Mai, Thailand and this Ministry's OM dated 9th March, 2020 regarding recording of testimony of Ms Sarah Hicks daughter of Ms Angela via video conferencing. | ||
| 2. The instant case pertains to an alleged case of sexual abuse and sexual harassment of Miss Sarah Hicks, daughter of Ms. Angela and Jef Hicks, who are currently residing in Chiang Mai Thailand. In view of the fact that the victim voluntarily intends to depose through VTC before Hon'ble Court and there is express consent of her parents, there is no legal bar in getting her testimony deposed through VTC. | ||
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| ||
| Copy to; | ||
| 1. Shri S Inbasekar, Director (South), JNB, Room No. 3005, MEA New Delhi-110001: For information with the request to take necessary action." |
4. The District & Sessions Judge, Darbhanga, is directed to depute a lady Judicial Magistrate-1st Class, Darbhanga, to record the statement of the victim minor girl under Section 164 of Cr.P.C through Video Conferencing at 11:00 am on 29.06.2020, in the language of child i.e. English, on which date the victim girl
