Chandigarh, October 3
Deaf and dumb victims will have a definite say in the court of law. Taking up a petition filed by one such victim of rape, the Punjab and Haryana High Court has created history of sorts by making it clear that the version of deaf and dumb victims can be recorded through sign language with the help of experts.
Justice Ranjit Singh has also interpreted “oral evidence” to include version of the victim recorded in this manner and has added the court cannot be helpless in recording the evidence of the deaf and dumb person.
In a landmark judgment, Justice Ranjit Singh ruled: “The language communicated through signs is a well developed science. There will be number of experts available, who can understand the questions and answers given by a deaf and dumb witness”.
The ruling came on a petition filed by a Ferozepur district resident, whose deaf and dumb daughter gave birth to a girl after being raped. Taking note of the allegations, Justice Ranjit Singh observed: “What a pity for the parents of this handicap girl!
“The FIR against the respondent was registered for an offence under Section 376 of the IPC. The prosecution led evidence, but the prosecutrix being deaf and dumb could not be examined as a witness because of her physical handicap.
“The prosecution, without proper application of mind, closed its case and the respondent then entered his defence. The public prosecutor seems to have realised the goof up and moved an application for permission to examine the prosecutrix through some expert, who could read and interpret her version to the court”.
The prayer was declined and the order was impugned both by the complainant and the state. On it, Justice Ranjit Singh held: The Sessions Judge, Ferozepur, while declining the prayer, apparently has not appreciated the sensitivity of the issue involved.
“He was required to inform himself that it is a case of deaf and dumb prosecutrix. That there was sexual intercourse is apparent as it has led to her pregnancy and the birth of a child.
“The only requirement is to find out if the accused is the one who is responsible for this act and, thus, liable for an offence under Section 376 of the IPC….”
Justice Ranjit Singh asserted: “Perusal of a report by an expert
would show that he has met the prosecutrix in the presence of the SHO in terms of the directions issued by this court.
“The prosecutrix was able to convey her version to him by means of signs”.
Justice Ranjit Singh observed: “It is now noticed that it is possible to record the version of the prosecutrix with the help of an expert. Laying down the guidelines, Justice Ranjit Singh added: To ensure accuracy of evidence, the court will record each question addressed to the prosecutrix by the parties through the expert and her version will be recorded in question-answer form.
