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2023 Supreme(Del) 6033

SWARANA KANTA SHARMA
Vinod Kumar – Appellant
Versus
State (NCT) of Delhi) – Respondent


Advocates appeared:
Mr. Tanveer Ahmed Mir, Mr. Kartik Venu, Mr. Vaibhav Suri and Ms. Ariana Ahluwalia, Advocates, for the Petitioners.
Mr. Manoj Pant, APP for the State.

JUDGMENT

INDEX TO THE JUDGMENT

FACTUAL BACKDROP

IMPUGNED ORDER

CONTENTIONS RAISED BEFORE THIS COURT

WHETHER THE IMPUGNED ORDER VIOLATES THE MANDATE OF `HIGH COURT OF DELHI RULES FOR VIDEO CONFERENCING FOR COURTS 2021'?

WHETHER PERMITTING THE PROSECUTRIX TO TESTIFY VIA TWO-WAY VIDEO-CONFERENCING WILL VIOLATE THE ACCUSED'S RIGHT TO FAIR TRIAL?

A. Judicial Precedents And Directions of the Hon'ble Apex Court Qua Vulnerable Witnesses: How the Journey Started

B. Recording of Evidence of Vulnerable Witnesses: Scheme of Delhi High Court.

C. Judicial Precedents Qua Recording of Evidence of Witnesses Through Video-Conferencing

D. Embracing the Technology while Balancing the Rights of Accused and Victim in a Criminal Trial

E. Evidence via Video-Conferencing viz.-a-viz Recording of Demeanour of Witness

F. Whether an `Educated Woman Hailing From Developed Country' Cannot Be Covered Under the Definition of `Vulnerable Witness'?

CONCLUSION

Swarana Kanta Sharma, J.

1. The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') has been filed on behalf of the petitioners, seeking quashing and setting aside of order dated 09.12.2023, passed by learned Additional Sessions

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