Delhi High Court Upholds Video Testimony for Foreign Sexual Assault Survivor

In a recent ruling, the Delhi High Court upheld a trial court decision allowing a foreign national, a survivor of a gang rape incident, to testify through two-way video-conferencing. Justice Swarana Kanta Sharma emphasized that this method ensures the participation of all parties involved in the case while maintaining the principles of the criminal justice system. The court asserted that utilizing video-conferencing for the survivor’s testimony does not compromise the accused’s right to a fair trial. However, denying this facility could impede the victim’s access to justice.

The case involved two accused individuals challenging the trial court’s dismissal of their plea to physically summon the survivor, a 23-year-old US citizen during the alleged incident in 2019. Justice Sharma highlighted the psychological impact of sexual assault incidents on survivors and emphasized the potential emotional trauma of requiring the survivor to repeatedly travel to the country where the assault occurred.

The court recognized the universally devastating impact of sexual assault and the heightened emotional toll on a foreign citizen seeking justice abroad. It acknowledged that recounting traumatic experiences in a foreign courtroom can exacerbate distress and trauma. The judgment emphasized that vulnerability in such cases is not determined by financial or educational background but by the mental and physical trauma experienced by the survivor.

Additionally, the court dismissed the argument that the survivor, hailing from a developed country, couldn’t be considered a “vulnerable witness” under relevant rules for virtual proceedings. It underscored the critical factor of potential re-traumatization and justified the use of video conferencing to prevent face-to-face confrontation.

Moreover, the court noted that the trial court had not erred in its decision, highlighting that the accused had never objected earlier to summoning the prosecutrix physically or virtually, including via video-conferencing.

This ruling by the Delhi High Court sets a precedent emphasizing the sensitivity and recognition of the emotional and psychological toll on survivors of sexual assault, particularly those who are foreign nationals seeking justice abroad.

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