- THE STATE OF MAHARASHTRA AND P.C. SINGH VS. PRAFUL B. DESAI AND ORS.
- Bench: S.N. Variava and B.N. Agrawal, JJ.
Issue:
Whether evidence can be recorded by video conferencing in a criminal trial?
Facts:
The present case arose against a Judgment of the Bombay High Court. The complainant's wife was suffering from terminal cancer. The complainant's wife was examined by Dr. Ernest Greenberg of Sloan Kettering Memorial Hospital, New York, USA, who proposed that she was inoperable and should be treated only with medication. Thereafter the complainant and his wife consulted the Respondent, who is a consulting surgeon practicing for the last 40 years. In spite of being made aware of Dr. Greenberg's opinion the Respondent suggested surgery to remove the uterus. The complainant and his wife agreed to the operation on the condition that it would be performed by the Respondent. Some other doctor operated the complainant’s wife. Which resulted in ‘intestinal fistula’ to the patient. The patient suffered terrible torture and mental agony until her last breath.
Prosecution’s Submission:
The prosecution submitted an application to go through video conferencing to examine Dr. Greenberg in order to prove prosecution’s allegation, the trial court allowed the application but it was set aside by the High Court challenged by the Respondent.
It was also submitted that Dr. Greenberg has expressed his willingness to give evidence, but has refused to come to India for that purpose and he cannot be compelled to come to India to give evidence.
It was also contended by the prosecution that the Respondent had claimed that the complainant’s wife was not his patient ignoring the bill sent by the Hospital of the Respondent.
Findings:
The Court held that evidence can be recorded by way of video conferencing relying on Section 273 with a different view, stating that where a witness is willing to give evidence an official of the Court can be deported to record evidence on commission by way of video conferencing. If the witness is outside India, arrangements are required between India and that country because the services of an official of the country (mostly a Judicial Officer) would be required to record the evidence and to ensure attendance.
