THE STATE OF RAJASTHAN Vs. DEAF PERSON (PAKISTAN)

JUDGEMENT

(1.) -The person referred to as deaf and dumb (hereinafter to be referred as 'the accused') in the order dated Aug. 23, 1982 passed by the Munsif and Judicial Magistrate, Shri Karanpur, was tried by that court for the offence under section 3/14 of the Foreigners Act and rule 3/6 of the Indian Passport Rules. The learned Magistrate was of the opinion that the accused being deaf and dumb was unable to follow the proceedings of the Court. The learned Magistrate on the basis of the evidence recorded by him held the accused to be a Pakistan National and after recording his conviction by the aforesaid order forwarded the proceedings to this Court under section 318 of the Code of Criminal Procedure for passing appropriate order.

(2.) As the accused was unrepresented, Mr. J. L. Purohit was appointed Amicus-Curiae.

(3.) The perusal of the record shows that Dr. M. P. Agarwal (P. W. 4) was examined to state the condition of the accused. At the bottom of the statement of the accused recorded under section 313 of the Code of Criminal Procedure the learned Magistrate appended a note to the effect that the accused being deaf and dumb was unable to reply the questions put to him. On the basis of his observations and the statement of the Doctor, the learned Magistrate arrived at a conclusion that the accused under trial before him was deaf and dumb.