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Cannot Be Grounds To Evade Mandatory Section 313 CrPC Statement: Madhya Pradesh High Court
In a significant ruling aimed at preventing the , the has held that an accused cannot evade the mandatory examination under by "pretending" to be deaf and dumb. The division bench, comprising Justice Anand Pathak and Justice Pushpendra Yadav, addressed a submitted by a , ultimately directing that the trial must proceed to ensure both the rights of the accused and the victim are upheld.
The Backdrop: A Claim of The respondent, Kalyan Raikwar, faced charges under , alongside . During his trial, when the proceedings reached the stage of examination under Section 313 of the CrPC—a pivotal stage where the court provides the accused an opportunity to explain incriminating evidence—Raikwar’s counsel claimed he was deaf and dumb and unable to understand the court proceedings.
Following this claim, the trial court suspended the examination and sought medical intervention. While reported that the accused suffered from significant hearing loss, it also noted a lack of cooperation. The trial court, citing , referred the matter to the High Court, asserting the accused could not be examined due to his perceived disability.
Evidence of "" Upon reviewing the records, the High Court found substantial evidence contradicting the respondent's claims. Not only had Raikwar been convicted in a prior case where he participated in the trial and Section 313 examination without raising any such plea, but he had also signed multiple legal documents throughout the current proceedings.
The Court observed: “The medical report in respect of respondent/accused assumes great importance wherein the has opined the accused to be ‘’ meaning pretending to be ill so as to escape something.”
Legal Analysis and Precedents The Amici Curiae argued that while exists to protect individuals unable to understand court proceedings, it cannot be weaponized as a tool for evasion. Precedents like were discussed, emphasizing that trial courts must make a genuine inquiry into whether an accused is truly incapacitated or merely feigning illness.
The High Court held that the trial judge failed to perform a proactive inquiry, instead accepting the silence of the accused at face value. The court noted that because the accused had previously engaged in a trial for a similar offence without claiming deafness, his sudden disability was highly suspect.
Key Observations The judgment clarifies that the judicial process cannot be stalled by clever manipulation:
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"The medical report... has opined the accused to be ‘ ’ meaning pretending to be ill so as to escape something (in the present case and )."
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"It is the duty of the trial Court to make an inquiry as to whether the accused can be made to understand the proceedings... in case, the accused can understand the proceedings, no need for reference of the case under arises."
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"The allegations are serious in nature, and an accused in such circumstances cannot escape the wrath of the proceedings by cleverly managing to represent himself as deaf and dumb or as a person who cannot understand the proceedings."
Final Decision: Striking a Balance The High Court set aside the trial court's order and directed it to reconvene the Section 313 examination. The Court empowered the lower bench to use all necessary means, including the services of a sign language expert if required, to ensure the accused understands—or is given the opportunity to answer—the questions.
Should the respondent continue to display non-cooperation despite being provided these procedural protections, the trial court has been authorized to proceed and pronounce the judgment in accordance with the law. This ensures that the accused is given a fair opportunity to defend himself, while preventing the criminal justice system from being systematically undermined by deceptive conduct.
In a statement earlier reported by , it was emphasized that the High Court suspects the accused sought to the trial by "exaggerating" his disability, making this ruling a vital precedent for future cases involving similar .
