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2013 DIGILAW 2616 (MAD)

D. Baskaran v. State rep. by The Inspector of Police, Chennai

2013-07-24

S.VIMALA

body2013
JUDGMENT :- 1. The revision petition has been filed by the accused. The accused Baskaran is claimed to be a deaf and dumb person. Charges have been framed under Sections 376 and 506 (ii) of IPC. The accused is stated to have answered the charges by denying the same. 2. What is the procedure to be followed in case the accused/witness is deaf and dumb ? If the deaf and dumb person is able to read and write, it is desirable to record his statement giving him questions in writing and seeking answers in writing. In case, if he is not able to "read and write", it is desirable to get the statement recorded in sign language with the aid of interpreter. 2.1. The endorsement made by the learned Judge go to show that charges have been explained to him in sign language, but without the aid of an interpreter. The recording of the answer without the aid of interpreter is under challenge in this revision case. 3. Admittedly, as per the order passed by the Sessions Judge, the petitioner/accused is deaf and dumb and using sign language, the charges have been explained to the accused person, by the Court itself. The court can not be/need not be an expert in making intelligible gesture to the extent of making the accused to understand the charges, (which is most essential). 4. Therefore, the order passed by the Sessions Judge is set aside. The learned Sessions Judge is directed to take the assistance of the competent person-interpreter who could explain the charges in sign language and thereafter to record the answer of the accused. 5. With these directions, the criminal revision case is disposed of. Consequently, connected Miscellaneous Petition is closed.