In Brief
A trial court rejected an application to examine Dr. I. Yusuf, who conducted the first post-mortem of the deceased in Nigeria, primarily on grounds that the trial had pending for 8 years. The High Court upheld this rejection. The Supreme Court allowed the appeal, holding that the length of trial pendency cannot be the decisive factor when a material witness's evidence is essential to a just decision. The Court directed the Trial Court to use Sections 284 and 285 CrPC to issue a commission and record the doctor's evidence through video-conferencing, which preserves the accused's right to cross-examine and observe demeanor while avoiding unreasonable inconvenience to the witness."
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