Sc Orders Recording Testimony On Video Conferencing In Murder Case

Published on 25 May 2018 by Shivi

On May 24, the Supreme Court ordered a trial court to record the testimony of a murder case witness over video conferencing. In the recent order, a bench of Justices A.K. Sikri and Ashok Bhushan found that the witness, Anwar Khan, who saw the murder of his employer, faced threat to his life. Matters had come to a head when arrest warrants were issued against Mr. Khan in a bid to record his statement in the case.

The Madhya Pradesh government said Mr. Khan was an eyewitness and his deposition in the case was necessary. Khan said that he was ready to testify if the court appoints a commission. However, the plea was rejected by both the trial court and the High Court. The apex court also agreed with the lower courts, saying it would be difficult to have a commission for recording the evidence of Mr Khan.

The apex court said the witnesses have to testify in front of the accused and afford the latter to cross-examine him. However, the apex court found that video conferencing facilities are available at Indore, where the trial is taking place.

Evidence can be defined as the main agenda upon which the law depends for acquitting an innocent person or convicting the guilty one. Earlier The Supreme Court passed an order that a trial judge could record the evidence of witnesses through video conferencing staying abroad.

Interpreting Section 273 of the CrPC the bench comprising of S.N. Variava and B.N. Agrawal said that the evidence recorded by video conferencing will be perfectly legal. It also said that “recording of evidence through video conferencing would also satisfy the object that evidence should be recorded in the presence of the accused.”

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