In Brief
The mother of a deceased woman sought to summon a Nigerian pathologist (Dr. I. Yusuf) who conducted the first post-mortem of her daughter—who died in Nigeria under unnatural circumstances. The trial judge, citing the case's 8-year pendency and availability of the post-mortem report copy, refused. The Supreme Court allowed the appeal, holding that a trial's age cannot trump the need for material evidence. The Court directed the trial judge to issue a commission and record the doctor's evidence via video-conferencing under Sections 284–285 CrPC, ensuring both parties could effectively cross-examine the witness without prejudice. The Court emphasized that just decisions require all essential evidence on record."
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