Court Affirms Life Sentence for Accused, Relying on Victim's Gestures and Forensic Evidence to Establish Guilt
In a landmark judgment, the Chhattisgarh High Court has upheld the conviction and life sentence of Neelam Kumar Deshmukh in a sexual assault case, affirming that the sole testimony of a deaf and mute victim, if found reliable, can form the basis for conviction. The Division Bench, comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal, dismissed the appeal filed by Deshmukh, who was convicted by the Sessions Court, Balod, under Sections 450 and 376(2)(j)(l) of the Indian Penal Code.
The case dates back to July 29, 2020, when the victim, a hearing and speech-impaired woman, was allegedly raped by Deshmukh, a relative, while she was alone at home. The victim communicated the incident to her parents through gestures, which was later corroborated by forensic evidence. The trial court had recorded her testimony with the help of a trained interpreter, ensuring her ability to understand and respond to questions through signs.
The High Court emphasized the competency of the victim's testimony, stating that her evidence, supported by corroborative circumstances such as immediate disclosure to her family and forensic findings, was sufficient to affirm the conviction. The court also addressed the admissibility of evidence given by deaf and dumb persons, reiterating that such testimony, when facilitated by a competent interpreter, carries significant evidentiary value.
The judgment also noted that the prosecution had successfully proved the charges beyond reasonable doubt, with the victim's consistent narrative supported by the testimony of her parents and forensic evidence. The forensic report had detected seminal stains on the victim's vaginal slides and the accused's underwear, further substantiating the prosecution's case.
In rejecting the defense's appeal, the High Court underscored the reliability of the victim's testimony, which was deemed natural, consistent, and trustworthy. The court found no merit in the arguments challenging the competency and credibility of the victim as a witness, thus affirming the trial court's decision.
This judgment sets a significant precedent in the treatment of testimony from individuals with disabilities in the judicial process, highlighting the importance of accessibility and inclusivity in legal proceedings.
Bottom Line:
Sole testimony of a deaf and mute victim, if found reliable, can be the sole ground for convicting the accused in cases of sexual assault.
Statutory provision(s): Indian Penal Code, 1860 Sections 450, 376(2)(j)(l); Indian Evidence Act, 1872 Section 119; Code of Criminal Procedure, 1973 Section 313
Neelam Kumar Deshmukh v. State Of Chhattisgarh, (Chhattisgarh)(DB) : Law Finder Doc id # 2867924
