The case pertaining to the rape of an Irish woman in Kolkata two years ago took a new twist with the accused moving the Supreme Court questioning permission to the victim to depose from Ireland through Skype.

Accused Sujoy Mitra has also complained of poor quality of the video saying it will seriously prejudice his case and also accused the victim of using unfair means while deposing.

While the trial is on at a fast track court in Alipur, Kolkata, the victim is being examined through videoconference from the Indian Embassy in Ireland.

The accused in the case moved the Supreme Court questioning the permission given to the victim to depose from Ireland via Skype

At the outset, Justice J S Khehar heading the bench refused to entertain Mitra’s plea while observing, “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.”

“The present petition carries a substantial question of law as to whether a prime witness who is a foreign national can be examined through web cam through the Skype personal account of such witness in a criminal trial, when there is no extradition treaty between India and his/her country,” said the petition.

Verbal duel Mitra’s lawyers R Basant and Manoj George argued that SC had, in State of Maharashtra vs Dr Praful B Desai (2003), ruled that evidence by video conferencing in open court should be only if the witness is in a country which has an extradition treaty with India and under whose laws contempt of court and perjury are also punishable.

The court itself has said that the video was blurred while she was being examined through Skype and as she was using her computer, she kept looking down during the examination despite being asked to look up.

Judges, after a brief discussion, agreed to pass an order to the effect that the video conference should be done in a proper manner and the victim should not be allowed to take the help of any material while being examined.

SC hearing

“The accused is apprehending miscarriage of justice on account of flawed recording of evidence of the main witness,” said the lawyers.

When the court asked what technology should be used for video conferencing as an alternative, Basant sought time to take further instruction, following which the court posted the matter for Monday for further hearing.

This was the first-ever video-conference trial in Bengal where a rape survivor deposed from foreign shores.

The woman was allegedly raped by Mitra after being drugged at the latter’s SP Mukherjee Road residence on May 31, 2013.

According to the police charge sheet, the Irish woman had landed in Kolkata on May 7. She met Mitra for the first time on the dance floor of a nightclub.

They met again when she went to the same nightclub to celebrate her birthday.