Trial deferred for accused suffering severe cognitive impairment; periodic medical reviews mandated
In a significant judgment, the Rajasthan High Court, Jaipur Bench, under the stewardship of Justice Anoop Kumar Dhand, has ruled in favor of releasing an accused, Puran Singh, suffering from severe dementia into the custody of his son. The decision was rendered in the matter of "Sonu Ram Pachauri v. State of Rajasthan," where the court emphasized the fundamental right to a fair trial as enshrined under Article 21 of the Indian Constitution.
The accused, Puran Singh, had been charged with murder in FIR No. 40/1994 and was arrested after nearly three decades of absconding. His biological son filed an application under Section 329 of the Criminal Procedure Code (Cr.P.C.), citing severe dementia and the accused's inability to comprehend court proceedings. The trial court initially allowed this application, leading to the High Court's review.
Justice Dhand underscored the necessity for an accused to possess the mental capacity to understand and participate in their defense during a trial. The judgment highlighted that proceeding with the trial against someone mentally unfit would violate the principles of natural justice and the right to a fair trial.
The court took cognizance of reports from two Medical Boards. The first report from Dholpur was deemed inconclusive, prompting the formation of a new Medical Board at S.M.S. Medical College, Jaipur. This board unanimously diagnosed Puran Singh with dementia and Behavioral and Psychological Symptoms of Dementia (BPSD), stating his cognitive impairment rendered him incapable of participating in court proceedings. The board also noted the low likelihood of improvement given the progressive nature of his condition.
Rejecting the petitioner's argument that the application was prematurely filed, Justice Dhand ruled that a formal trial commencement, such as framing charges, was unnecessary once medical evidence of the accused's mental unfitness was established. He affirmed the trial court's decision to release Singh to his son's custody.
The High Court has directed regular medical assessments to monitor Singh's mental health. The Secretary, District Legal Services Authority, Dholpur, is tasked to ensure annual examinations at SMS Hospital, Jaipur. If future evaluations find Singh mentally fit, trial proceedings may resume as per Section 331 Cr.P.C.
This judgment reaffirms the judiciary's commitment to upholding fair trial rights, ensuring justice is not only done but seen to be done, even in the face of challenging circumstances involving mental health.
Bottom line:-
An accused suffering from severe dementia, rendering him unable to understand and participate in court proceedings, cannot face trial. Releasing such an accused to the custody of a responsible family member is permissible under Section 329 Cr.P.C., with periodic medical reviews to assess mental fitness.
Statutory provision(s): Section 329 Cr.P.C., Section 331 Cr.P.C., Article 21 of the Constitution of India
Sonu Ram Pachauri v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2907449
