Friday, December 05, 2008

State HC orders unusual step to record victim's version

"How can the courts be helpless in recording evidence of a deaf and dumb person when a number of sign language experts are available to help to communicate?" Justice Ranjit Singh wondered while holding that evidence of prosecutrix (victim) recorded in this manner would be permissible under law.

No wonder, Sundari was enabled to depose due to judicial intervention which made this mode of deposition permissible under law, a development that can impact such cases in future. Inquiries indicate that the victim gave a graphic description of the incident with the help of sign language experts but against her will. However, the sign language could not go farther to provide details of the accused. But encouraged by historic HC orders about legal validity of the use of sign language and the interpretation flowing from it, Sundari was not far from recognising the accused. The trial court did not appreciate the sensitivity of the issue but the HC lent a voice to the victim to rescue her in time....Continue