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HIGH COURT OF CHHATTISGARH AT BILASPUR
Smt. Justice Rajani Dubey, Shri Justice Narendra Kumar Vyas, JJ
Bhikham Patel S/o Baraturam Patel – Appellant
Versus
State Of Chhattisgarh Through Station House Officer – Respondent
| Table of Content |
|---|
| 1. incident description and victim's condition (Para 1 , 2) |
| 2. defense arguments regarding evidence (Para 3 , 4 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 3. trial court's evidence appreciation (Para 5) |
| 4. failure of prosecution to prove case (Para 16 , 17 , 18 , 21 , 22) |
| 5. appeal allowed and conviction set aside (Para 19 , 20) |
Judgment :
1. The present appeal is directed against the judgment of conviction and order of sentence dated 25.07.2018 passed by the learned Special Session Judge (SC/ST Act), District Balod in Special ST No.21/2017, whereby the appellant has been convicted and sentenced in the following manner:-
2. The prosecution case, in brief, is that on 08/01/2017 a Madaie fair was organized in the Village Renghai. The victim is dumb and deaf and is also mentally weak from her childhood. On the said date, two persons namely one Jagdish Thakur and the present appellant came to the victim grand mother's house as guest around 10,0' clock and after taking lunch both went to see the sports competition which was going on in the village. The complainant and her dumb grand daughter remained in the home. Due to winter victim sat on terrace room and approximately 3.
The prosecution failed to prove its case beyond reasonable doubt, leading to the acquittal of the appellant in a rape case involving a mentally weak victim.
Compliance with the mandatory procedure under Section 119 of the Indian Evidence Act and the need for the evidence to inspire confidence.
Point of law: Imposition of maximum punishment – Rape case - victim, a deaf and dumb girl was subjected to sexual assault by way of outraging her modesty by the accused taking advantage of her disabi....
Conviction cannot be recorded on the basis of shaky evidence.
The evaluation of the statement of a deaf and dumb prosecutrix and the medical evidence to determine the voluntariness of her actions and the absence of forcible sexual intercourse.
A trial must adhere to specific protocols when dealing with vulnerable witnesses, such as deaf and dumb individuals, ensuring competent interpretation and proper recording to uphold justice.
Point of law: There is no bar to proceed against a deaf and dumb accused on a charge of a criminal offence.
The testimony of a victim, particularly a minor or disabled, can substantiate a conviction in sexual assault cases without needing corroboration, provided it is credible and consistent.
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