The Supreme Court recently noted that it is yet to establish guidelines for conducting trials against accused with hearing and speech disabilities. In this regard, the apex court has issued notice to the Centre through the Attorney General to examine the question of law and scheduled the matter on July 26.
The bench comprising Justice Surya Kant and Justice K.V Vishwanathan was hearing an appeal against the conviction of one Ramnarayan Manhar, who was guilty of raping two minor girls aged 7 and 8 years.
During the hearing, the bench remarked that it is brought to their 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.
Altough the trial court convicted the perpetrator, the matter was forwarded to the High Court as the accused, being deaf and dumb, was not able to understand the proceedings. The same was done in the view of Section 318 of the CrPC. According to the provision, if the accused, though not of unsound mind, cannot be made to understand the proceedings and is convicted by the Trial Court, the proceedings shall be forwarded to the High Court. Notably, the trial court, in its verdict, had also specified that though the accused is deaf and dumb, he is not a person of unsound mind, or he is not insane in these circumstances.
After going through the testimonies of the witnesses, evidence including the medical evidence which corroborated the heinous act, the High Court convicted the accused person for attempting to commit rape. Challenging the conviction, the accused approached the Supreme Court.
Considering the material on record, the Division Bench had concluded that it was prima facie satisfied with the findings of the Trial and the High Court. It added that the conviction and consequential sentence awarded to the petitioner seems to be justified.