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'Guidelines for Conducting Trial against a Deaf-and-Dumb Accused', Says SC; Issues Notice to Centre

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By ETV Bharat English Team

Published : Apr 18, 2024, 8:33 PM IST

Etv Bharat
Etv Bharat

A Supreme Court bench comprising Justice Surya Kant and Justice K V Vishwanathan has agreed to examine the framing of guidelines and parameters to conduct criminal trials against persons who are deaf and mute. The top court denied bail to a man, who was convicted by a trial court and the Chhattisgarh High Court for raping two minor girls.

New Delhi: The Supreme Court has agreed to examine the framing of guidelines and parameters to conduct criminal trials against persons who are deaf or mute.

A bench led by Justice Surya Kant was considering a plea for bail, filed by a man convicted by a trial court and Chhattisgarh High Court for the rape of two minor girls aged 7 and 8 years.

The bench, also comprising Justice K V Vishwanathan, in an order passed on April 16, said: "Having heard counsel for the petitioner at a considerable length and after perusal of the material on record, we are prima facie satisfied that the trial court as well as the High Court have rightly held the petitioner guilty of raping two minor girls aged 7 and 8 years."

The bench added that the conviction and consequential sentence awarded to the petitioner seems to be justified. “However, it is brought to our notice that this court has not laid down so far the parameters and guidelines for conducting trial against a deaf-and-dumb accused, who is otherwise of sound mind and medically fit to commit a heinous offence like rape," said the bench, in its order.

The apex court sought response from the Centre and Chhattisgarh government. "Let notice be issued to the Union of India through the Attorney General for India as well as to the respondent-State, returnable on July 26, 2024, for the purpose of determining the question of law as indicated above," said the top court. The apex court also declined to grant bail to the petitioner.

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