STATE OF MAHARASHTRA Vs. PRAFUL B DESAI

JUDGEMENT

(1.) Leave granted.

(2.) Heard parties.

(3.) These appeals are against a judgment of the Bombay High Court dated 23rd/24th April, 2001. The question for consideration is whether in a criminal trial, evidence can be recorded by video conferencing. The High Court has held, on an interpretation of S. 273, Criminal Procedure Code, that it cannot be done. Criminal Appeal (arising out of S. L. P. (Criminal) No. 6814 of 2001) is filed by the State of Maharashtra. Criminal Appeal (arising out of S. L. P. (Criminal) No. 6815 of 2001) is filed by Mr. P. C. Singhi, who was the complainant. As the question of law is common in both these appeals, they are being disposed of by this common judgment. In this judgment parties will be referred to in their capacity in the Criminal Appeal (arising out of S. L. P. (Criminal) No. 6814 of 2001), Mr. P. C. Singhi will be referred to as the complainant.