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D. BHARATHA CHAKRAVARTHY
T. Dhanasekar – Appellant
Versus
State rep. by The Inspector of Police, Chennai – Respondent
JUDGMENT
(Prayer: Criminal Revision Case filed under Section 397 read with 401 Code of Criminal Procedure, to set aside the impugned order dated 25.05.2022 passed in Crl.M.P.No.6099 of 2021 in S.C.No.32 of 2021 by the learned Sessions Judge, Mahalir Neethimandram, Allikulam, Chennai.)
The revision is filed aggrieved by the order of the learned Sessions Judge, Mahalir Neethimandram, Allikulam, Chennai dated 25.05.2022 in Crl.M.P.No.6099 of 2021 in S.C.No.32 of 2021, in and by which the learned Judge decided the application filed by the petitioner / accused in this case under Section 329 of the Code of Criminal Procedure.
2. The petitioner is facing trial for the offence under Section 302 of the Indian Penal Code. The allegation against him is that on 03.12.2020, between 05.00AM to 06.00AM, at his house, he pushed down his wife, sat on her and strangulated her neck and when the child, aged about thirteen years, tried to prevent him, he pushed down the child also and the child immediately called the grandparents through mobile phone and the grandparents immediately rushed to the house and w
Accused's fitness to stand trial must be thoroughly examined, ensuring compliance with procedural requirements while allowing opportunity for defense representation.
The trial court's failure to assess the appellant's mental fitness violated procedural safeguards, rendering the trial invalid and leading to acquittal.
The court established that individuals deemed mentally unfit cannot be tried, emphasizing the need for appropriate medical evaluation and treatment before any legal proceedings.
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 failure to assess the appellant's mental fitness before trial constituted a serious procedural irregularity, necessitating the acquittal of the appellant under Section 302 IPC.
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.
A person with a significant mental illness, at the time of the offence, may be deemed incapable of criminal responsibility under IPC Section 84.
Failure to follow the prescribed procedure for cases involving mental illness, as laid down in Section 329 of the Code and Section 105 of the Mental Healthcare Act, can vitiate a trial.
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