Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2012 (12) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2012 (12) TMI 877 - SC - Indian LawsInterfere with the order of acquittal - respondent herein of the offences punishable under Section 302 of IPC, 1860 and imposing the punishment to suffer rigorous imprisonment for life and to pay a fine of Rs. 500/- in default to further undergo one month simple imprisonment - Geeta the sole eye-witness of the occurrence was deaf and dumb - Held that:- A deaf and dumb person is a competent witness. If in the opinion of the Court, oath can be administered to him/her, it should be so done. Such a witness, if able to read and write, it is desirable to record his statement giving him questions in writing and seeking answers in writing. In case the witness is not able to read and write, his statement can be recorded in sign language with the aid of interpreter, if found necessary. In case the interpreter is provided, he should be a person of the same surrounding but should not have any interest in the case and he should be administered oath. There is sufficient material on record that Geeta was able to read and write and this fact stood proved in the trial court when she wrote the telephone number of her father. We fail to understand as to why her statement could not be recorded in writing, i.e., she could have been given the questions in writing and an opportunity to reply the same in writing. Be that as it may, her statement had been recorded with the help of her father as an interpreter, who for the reasons given by the High Court, being an interested witness who had assisted during the trial, investigation and was examined without administering oath, made the evidence unreliable. In such a fact-situation, the High Court has rightly given the benefit of doubt and acquitted the respondent. Fully aware of our limitation to interfere with an order against acquittal. In exceptional cases where there are compelling circumstances and the judgment under appeal is found to be perverse, the appellate court can interfere with the order of acquittal. The appellate court should bear in mind the presumption of innocence of the accused and further that the trial Court's acquittal bolsters the presumption of his innocence. Interference in a routine manner where the other view is possible should be avoided, unless there are good reasons for interference. Thus examine the judgment of the High Court in light of the aforesaid legal proposition, it is not a fit case to interfere with the order of acquittal as there were major contradictions in ocular evidence and medical evidence. The appeal lacks merit and, is accordingly, dismissed.
|