D BASKARAN Vs. STATE

JUDGEMENT

(1.) The revision petition has been filed by the accused. The accused Baskaran is claimed to be a deaf and dumb person. Charges have been framed under Sections 376 and 506(ii) of IPC. The accused is stated to have answered the charges by denying the same. What is the procedure to be followed in case the accused/witness is deaf and dumb? If the deaf and dumb person is able to read and write, it is desirable to record his statement giving him questions in writing and seeking answers in writing. In case, if he is not able to "read and write", it is desirable to get the state-merit recorded in sign language with the aid of interpreter.

(2.) Admittedly, as per the order passed by the Sessions Judge, the petitioner/accused is deaf and dumb and using sign language, the charges have been explained to the accused person, by the Court itself. The Court can not be/need not be an expert in making intelligible gesture to the extent of making the accused to understand the charges, (which is most essential).

(3.) Therefore, the order passed by the Sessions Judge is set aside. The learned Sessions Judge is directed to take the assistance of the competent person-interpreter who could explain the charges in sign language and thereafter to record the answer of the accused. With these directions, the criminal revision case is disposed of. Consequently, connected Miscellaneous Petition is closed.