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Synopsis

The Supreme Court has on April 16, 2024 decided to lay down guidelines for trial of a deaf and dumb person who is of sound mind but accused of committing a heinous offence like rape.

A bench of Justices Surya Kant and K V Vishwanathan issued notice to the Union government through the Attorney General as well as State of Chhattisgarh returnable on July 26, 2024 for the purpose of determining the question of law.

Dealing with a special leave petition filed by one Ramnarayan Manhar, the court said it was prima facie satisfied with the trial court and the high court which had rightly held him guilty of raping two minor girls aged seven and eight years.

The bench said that the conviction and sentence seemed to be justified.

"However, it is brought to our notice that this court has not laid down so far the parameters and guidelines for conducting trial against a deaf-and-dumb accused, who is otherwise of sound mind and medically fit to commit a heinous offence like rape," the bench said.

The court also declined to grant bail to the accused.

The Chhattisgarh High Court in the case had upheld the conviction of accused.

In its judgment on November 18, 2022, the high court judge had said, "However, looking to the age of the accused, which was said to be 22 years at the time of incident and also considering his physical impairment that he is deaf and dumb, I deem it proper to sentence him under Section 4(2) read with Section 18 of the POCSO Act to undergo one half of the imprisonment for life."

The high court had also noted that nothing had been brought in the evidence to believe that accused had been falsely implicated in the instant case, rather, since accused was relative of victim girl, i.e. uncle of victim in relation, therefore, question ariose that without any reason, why they would implicate their relative in such a heinous crime of rape, that too, with a tender age girl. 

"Therefore, statement of victim and other witnesses which is well supported by medical evidence, cannot be disbelieved, even on the ground of delay of 18 days in lodging the FIR," it had said.