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GITA GOPI
DHARMESH @ KESUBHAI RANAVAYA – Appellant
Versus
STATE OF GUJARAT – Respondent
JUDGMENT :
GITA GOPI, J.
1. The present application is moved by the original accused who is presently in judicial custody in Junagadh Jail, through his wife. The applicant is noted to be aged about 40 years and the wife is aged 33 years. The challenge under Section 379 read with Section 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to in short as ‘Cr.P.C.’) is given against the order dated 23.06.2023 passed by the learned 3rd Additional Sessions Judge, Una in Sessions Case No. 27 of 2021, which was moved under Sections 328 and 329 of the Cr.P.C.
2. Sections 328 and 329 of Cr.P.C. are incorporated under Chapter XXV of Cr.P.C. Section 328 is the procedure in case of accused being lunatic. Section 329 is the Procedure in case of person of unsound mind tried before Court.
3. Learned Senior Counsel Mr. Harshit S. Tolia appearing with learned Advocate Mr. Chintan S. Popat for the applicant-accused submitted that the impugned order was passed under Section 329 of Cr.P.C. but the observations of the learned Judge is contrary to the provisions of law. It is further submitted that the applicant is unable to make a defence because of his unsound mind and he had moved the conce
The court established that the assessment of an accused's mental state must rely on medical evidence, and active participation in proceedings indicates capability to defend oneself.
Point of Law : Section 105 of Mental Healthcare Act, 2017 deals with procedure to be followed in a judicial process where any proof of mental illness of a person is produced.
The court established that individuals deemed mentally unfit cannot be tried, emphasizing the need for appropriate medical evaluation and treatment before any legal proceedings.
The trial court's failure to assess the appellant's mental fitness violated procedural safeguards, rendering the trial invalid and leading to acquittal.
An accused with mental health issues must be assessed for fitness to stand trial; failure to do so violates the right to a fair trial.
An accused's mental fitness must be properly assessed to ensure a fair trial, and failure to do so violates due process rights.
Section 329 of the Cr.P.C applies only after charges are framed, making premature applications inadmissible.
Accused's fitness to stand trial must be thoroughly examined, ensuring compliance with procedural requirements while allowing opportunity for defense representation.
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