Examination of rape victim through Skype challenged in Supreme Court

The Supreme Court is seized of an interesting case pertaining to use of technology in court proceedings. It is expected to pass orders on the kind of technology to be used for video conferencing. The court will also examine whether there can be a fresh examination of witness in case the examination conducted was not done using a video conferencing facility..The case involves rape of an Irish national in Kolkata. The trial in the matter is proceeding in Kolkata. The foreign national is being examined by way of video conferencing facility..The accused has now moved the Supreme Court contending that the technology used for video conferencing is adversely affecting the cross examination..Senior Advocate R Basant appeared for the accused petitioner today along with advocates Manoj George, Karthik Ashok and Zulfiker Ali PS..When the hearing began, the presiding judge, Justice JS Khehar did not seem inclined to entertain the case..“You commit rape on a foreign national who comes here. Now you expect her to come here each time she is required for the trial?”, he said..Basant responded by saying that the improper video conferencing was affecting the trial..“The Court itself has said that the video was blurred. She is being examined through Skype and she was using her computer. She kept looking down during the examination despite being asked to look up.”.The judges after a brief discussion agreed to pass an order to the effect that the video conferencing should be done in a proper manner and the victim should not be taking the aid any of materials while being examined..The Court queried the petitioner on what technology should be used for video conferencing. Basant replied that it should be done through VSNL studio. However, there was confusion regarding whether there is a VSNL studio in Kolkata or not. Basant then sought time to take further instructions which the court allowed. The matter will now be taken up on Monday..Image taken from here.