What Delhi High Court Said On Allowing Sexual Assault Survivor To Testify Virtually

Justice Sharma said in cases like the present one, the court has to keep in mind the psychological impact of incidents of sexual assault on the survivor.

Allowing a sexual-offence survivor to testify through "two-way video-conferencing" is not against an accused's right to a fair trial, but refusing her such a facility would deny her access to justice, the Delhi High Court has said while upholding a trial court decision not to seek before it the physical presence of a gang-rape survivor who is a foreign national.

Justice Swarana Kanta Sharma said "two-way video-conferencing" ensures the participation of all -- the accused, the victim, the prosecutor, the defence counsel as well as the judge -- and follows all principles of the criminal justice system. Its use cannot be held to be denying a fair trial to the accused, the judge added.

"It can be safely held that allowing the recording of evidence of the prosecutrix through two-way video-conferencing would not amount to denying the petitioners' right to a fair trial. However, denying the same may amount to denial of a fair right of access to justice to the victim," the court said in a recent order.