AIYA v. PENIYA
NLR21V72
1918. [In
REvision.]
AIYA v. PENIYA.
Present: Shaw J.
P. C. Balapitiya, 45,764.
Deaf and dumb accused-Unable to
understand the nature of proceedings against him.
Where an accused was a deaf and dumb person, who
cannot be made to understand the nature of the proceedings
against him, and where the Magistrate notwithstanding heard the evidence
against him and convicted him.
Held, that the conviction was illegal. Some person mast be present in
Court skilled to interpret between the deaf mute and the Court.
THE
facts appear from the judgment. No appearance.
November 18, 1918.
Shaw J.-
This case has been referred to the Supreme Court by the
Police Magistrate of Balapitiya. The Magistrate states in his judgment that
the accused is deaf and dumb, and cannot be made to understand the nature of
the proceedings against him. The Magistrate, notwithstanding this, heard the
evidence against the accused, and having convicted him of theft, treated him as
a first offender, and bound him over in Rs. 50 to be of good behaviour for a
period of six months, and directed his mother to stand surety. The
conviction must be set aside, as no person can be tried for a criminal offence
unless he be given an opportunity of making his defence.
Either some person must be present in Court skilled to interpret between the
deaf mute and the Court, or, if the accused is imbecile by reason of his
infirmity, he can be dealt with under Chapter XXXII of the Criminal Procedure
Code.
Set aside.
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