Team  SoOLEGAL

PLEA TO RECORD EVIDENCE OF A NIGERIAN DOCTOR THROUGH VIDEO CONFERENCING ALLOWED BY SUPREME COURT

Team SoOLEGAL 18 Apr 2019 4:04pm

PLEA TO RECORD EVIDENCE OF A NIGERIAN DOCTOR THROUGH VIDEO CONFERENCING ALLOWED BY SUPREME COURT

The accused is currently undergoing the trial stage for being charged for murder of his wife in Nigeria. The mother of the deceased had moved an application under Section 311, CrPC seeking summons of one Dr. I. Yusuf through High Commission of Nigeria or issuing commission for his evidence to be recorded through video conferencing.

This plea was rejected by the Trial Court on the following two grounds: Firstly that the trial was pending for almost 8 years. Secondly, there was no need of the statement of the doctor to be recorded because a copy of the post-mortem report prepared by him had already been exhibited. This order of the Trial Court was upheld by the Rajasthan High Court. 

The Supreme Court bench comprising of Justice Abhay Manohar Sapre and Justice Dinesh Maheshwari referred to State of Maharashtra v. Dr. Praful B. Desai in which the Apex Court itself had approved the evidence of a witness to be recorded through video-conferencing when the witness was found residing/situate in USA. The bench said:

The bench opined that the testimony of the said doctor who conducted the first post-mortem in Nigeria is useful to the questions which are involved in the present matter.

The application under Section 311 was allowed and the Trial Court was directed to take all the necessary actions to ensure the examination of the witness concerned by issuing commission and/or recording his statement through video-conferencing. 

Tagged: Justice Abhay Manohar Sapre   Justice Dinesh Maheshwari   Supreme Court   Evidence   Video Conferencing  
Did you find this write up useful? YES 0 NO 0
Send
Featured Members view all

New Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.