Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Gopinath P.
Manoj – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor – Respondent
JUDGMENT :
Gopinath P., J.
This appeal has been filed challenging the conviction and sentence imposed on the appellant in S.C.No.184/2021 on the file of the Fast Track Special Court, Mattannur.
2. S.C.No.184/2021 arises out of Crime No.20/2020 of Kolavallur Police Station, Kannur district, which was registered alleging commission of offence under Section 376(2)(l) of the Indian Penal Code , 1860 (hereinafter referred to as ‘the IPC’), on the allegation that, on 24.12.2019, between 9 PM and 10 PM, the appellant/accused committed rape on PW1, a deaf and dumb lady, in the courtyard on the eastern side of the house of CW13, bearing No. TP V1/2017 at Poyiloor in Thrippangottur Amsom. On the final report being filed, the Chief Judicial Magistrate, Thalassery took the matter on file as CP 09 of 2020. After compliance with all formalities, the matter was committed to the Sessions Court, where charges were framed for the offence punishable under Section 376(2)(l) of the IPC.
3. It is the case of the prosecution that a few days after the alleged incident, PW2 (niece of PW1) found PW1 in a sad and sorrowful mood, and on enquiry, PW1 divulged the case of sexual assault and rape committed by the ap
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.
Compliance with the mandatory procedure under Section 119 of the Indian Evidence Act and the need for the evidence to inspire confidence.
Conviction cannot be recorded on the basis of shaky evidence.
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.
The court established that proper procedures must be followed when recording statements of witnesses unable to communicate verbally, including the use of qualified interpreters and videography.
Mandatory compliance with Section 164(5A) Cr.P.C. is required for recording statements of mentally disabled individuals; failure to follow this procedure renders the statement inadmissible as examina....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
