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2021 Supreme(SC) 228

D. Y. CHANDRACHUD, M. R. SHAH
Patan Jamal Vali – Appellant
Versus
State of Andhra Pradesh – Respondent


Advocates appeared:
For the Appellant(s) :Harinder Mohan Singh, Shabana, Advocates
For the Respondent(s):Mahfooz Ahsan Nazki, Polanki Gowtham, Shaik Mohamad Haneef, T. Vijaya Bhaskar Reddy, Amitabh Sinha, Shrey Sharma, Advocates

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  1. Testimony of a witness with a disability, such as visual impairment, cannot be considered weak or inferior solely due to their interaction with the world differently. As long as their testimony meets the criteria for judicial confidence, it is entitled to full legal weight (!) .

  2. No leniency should be shown towards an accused in crimes against women with disabilities. The nature of the offence and the vulnerability of the victim are critical factors in sentencing (!) (!) .

  3. The intersectionality of identity—such as caste, disability, gender, and socio-economic status—plays a significant role in understanding the context of violence and discrimination faced by marginalized women. Recognizing how multiple identities overlap helps in addressing the specific vulnerabilities and ensuring a holistic judicial approach (!) (!) (!) .

  4. The testimony of victims with disabilities, including those who are blind since birth, should be evaluated with sensitivity and fairness. Their mode of identification (e.g., by voice) is valid and should be given equal weight, provided it meets judicial confidence criteria (!) (!) .

  5. The legal framework recognizes the unique vulnerabilities faced by women from marginalized communities, especially those with disabilities or belonging to Scheduled Castes or Tribes. These vulnerabilities are compounded by societal discrimination, poverty, and patriarchy, which must be considered in judicial proceedings and sentencing (!) (!) .

  6. Amendments to relevant laws have aimed to lower barriers for victims with disabilities, including provisions for accessible reporting, evidence collection, and participation in judicial processes. These reforms emphasize sensitivity, support, and appropriate accommodations (!) (!) (!) (!) (!) .

  7. The interpretation of statutory provisions related to offences against marginalized groups should adopt an intersectional perspective. It is important to consider that offences may be committed due to the interplay of multiple identities, and the law's protective scope should reflect this understanding (!) (!) .

  8. The legal system must avoid overly narrow interpretations that require proof of offences being committed solely "on the ground" of a particular identity, as this can overlook the complex realities of social oppression. A broader, more inclusive understanding of causation and motivation is necessary (!) (!) .

  9. In cases where the evidence does not explicitly establish that the offence was committed solely because of the victim's caste or disability, the conviction under specific laws designed to protect marginalized groups may need to be reconsidered. However, the core offence of sexual assault under the general criminal law remains valid and can be upheld (!) (!) .

  10. Sentencing considerations should take into account the nature and gravity of the offence, the circumstances of the offence, the victim's position, and societal factors, including the victim's marginalized status. The societal disadvantages faced by victims, especially those with intersecting identities, are relevant in determining appropriate punishment (!) (!) .

  11. The overall approach emphasizes the importance of sensitivity, support, and a nuanced understanding of social identities and systemic disadvantages in both the evaluation of evidence and the determination of sentences. This ensures justice that recognizes the complex realities of victims from marginalized communities (!) (!) .

Please let me know if you need further analysis or specific legal advice based on these key points.


JUDGMENT :

DHANANJAYA Y. CHANDRACHUD, J.

(A) Factual Background

1. Leave granted.

2. This appeal arises from a judgment of a Division Bench of the High Court of Andhra Pradesh dated 3 August 2019. The High Court has affirmed the conviction of the appellant for offences punishable under Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 19891 [“SC & ST Act”] and Section 376(1) of the Indian Penal Code.

3. The appellant has been sentenced to suffer imprisonment for life for each of the above offences, the substantive sentences being directed to run concurrently. In addition, the appellant has been sentenced to pay a fine of Rs. 1,000 for each of the offences and in default to suffer imprisonment of six months.

4. The appellant was residing in Gajulapalli village and was engaged in carrying out manual work for two years prior to the incident. PW-2 who is blind since birth used to live with her mother (PW-1) and brother (PW-3). PW-3 and LW-5 are the sons of PW-1. They were also engaged in manual work together with the appellant, at the same place. The appellant, according to the prosecution, lived in the same village and regularly visited the hous

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