The Himachal Pradesh High Court has clarified that there is no bar on an Additional District & Sessions Judge to sit at any place other than his Court premises, within his Sessions division, to record evidence and conduct a trial.
The single-judge bench of Justice Satyen Vaidya was entertaining a written request from learned Additional District and Sessions Judge, Chamba, District Chamba seeking permission to visit the place of accused to conduct trial pending before it as the accused was bedridden owing to fracture.
The Court noted that reference made by learned Additional Sessions Judge, Chamba have been sent without adverting to the provisions as contained in Section 9 of the Code of Criminal Procedure.
"The learned Additional Sessions Judge exercises the jurisdiction vested in the Court of Session. As per sub section (6) of Section 9 quoted above, a Court of Session is authorized to hold its sittings at any place in the Sessions Division other than the place specified by the High Court by notification, in case, the Court of Session is of opinion that it will tend to the general convenience of the parties and the witnesses. Additionally, the requirement is that the Court of Session will hold such sitting with the consent of the prosecution and the accused."
The Court thus clarified that there is no need for the Additional District & Sessions Judge to seek permission from it as he is already authorized by law to do so.
"Further it will be relevant to notice that though, Section 273 of the Code of Criminal Procedure, provides for all evidence to be taken, in the course of the trial or other proceeding, in the presence of the accused, or, when his personal attendance is dispensed with, in the presence of his pleader, yet, such provision has been made subject to exception provided in the Code."
Considering cumulative effect of Sections 273 and 317 of the Code, it cannot be said as an absolute rule that in no case the evidence in a trial or inquiry before criminal Court can be recorded in absence of the accused, the Court concluded.
Allowing the request, the Court additionally remarked:
"It also cannot be ignored that the recording of evidence through video conferencing is permissible subject to fulfillment of certain conditions. In appropriate cases, such mode can also be made available."
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