[Cites 11, Cited by 0]
Chattisgarh High Court
Neelam Kumar Deshmukh vs State Of Chhattisgarh on 16 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:12396-DB
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 786 of 2023
Neelam Kumar Deshmukh S/o Shailendra Deshmukh Aged About 21
Years R/o Kotgaon, Police Station Arjunda, District : Balod, Chhattisgarh
MANPREET
KAUR
Digitally signed
by MANPREET
KAUR
... Appellant(s)
Date: 2026.03.17
11:56:18 +0530
versus
State Of Chhattisgarh Through Police Station Arjunda, District : Balod,
Chhattisgarh
... Respondent(s)
For Appellant(s) : Mr. Prasoon Agrawal, Advocate
For Respondent(s) : Mr. S.S. Baghel, Government Advocate
Hon'ble Shri Justice Ramesh Sinha, Chief Justice
Hon'ble Shri Justice Ravindra Kumar Agrawal, Judge
Judgment on Board
Per Ramesh Sinha, CJ
16.03.2026
1. This appeal arises out of the judgment of conviction and order of
sentence dated 28.03.2023 passed by the learned Sessions
Judge Balod, District- Balod (C.G.) in Sessions Case No.
28/2020, whereby the appellant has been convicted as under:
Conviction Sentence
Under Section 450 of R.I. for 5 years and fine of
the IPC. Rs.1,000/-, in default of payment of
fine amount, additional R.I. for 03
months.
Under Section 376(2) Imprisonment for life till natural
death and fine of Rs.20,000/-, in
(ञ)(ठ) of the IPC.
default of payment of fine amount,
additional R.I. for 06 months.
Both the sentences were directed to run concurrently
2. The case of the prosecution, in brief, is that the complainant
lodged a written report at Police Station- Arjunda stating that her
daughter (the victim), who is deaf and dumb since birth and can
only speak minimally regarding her name and village, was alone
at home on 29.07.2020 at about 09:00 AM, when the complainant
and her husband had gone to work as agricultural labourers in the
fields. It is alleged that during this time, the accused Neelam
Kumar Deshmukh, who is the son of the complainant's brother-in-
law, entered the house and forcibly committed rape upon the
victim. When the complainant returned home in the evening after
work, the victim was found crying. She indicated the name of the
accused and, through gestures, conveyed that he had committed
forcible sexual intercourse with her.
3. On the basis of the said complaint, Crime No. 130/2020 was
registered at Police Station Arjunda against the accused under
Sections 450 and 376(2)(c)(d) of the Indian Penal Code, and
investigation was commenced.
4. During investigation, statements of the complainant and other
prosecution witnesses were recorded. The statement of the deaf
and dumb victim was recorded with the assistance of a teacher
trained in sign language. A spot map of the place of occurrence
was prepared, the victim was medically examined, her statement
under Section 164 Cr.P.C. was recorded before the Magistrate,
relevant articles were seized, and the accused was arrested. After
completion of investigation, charge-sheet was filed before the
competent Court.
5. Subsequently, charges under Sections 450 and 376(2)(j)(l) of the
IPC were framed against the accused. The contents of the
charges were read over and explained to him, to which he
pleaded not guilty and claimed to be tried.
6. After completion of the prosecution evidence, the accused was
examined under Section 313 Cr.P.C., wherein he denied all
incriminating circumstances appearing against him and stated that
he is innocent and has been falsely implicated in the case.
7. After appreciation of evidence available on record, the learned
trial Court has convicted the accused/appellant and sentenced
him as mentioned in opening para of the judgment. Hence, this
appeal.
8. Learned counsel for the appellant submits that the impugned
judgment of conviction and order of sentence passed by the
learned trial Court is wholly illegal, perverse, contrary to the
evidence on record and bad both in law and on facts, and
therefore the same is liable to be set aside and the appellant
deserves to be acquitted of all the charges. It is contended that
the learned trial Court has failed to appreciate that the prosecution
has not adduced cogent, reliable and convincing evidence to
establish the allegation of forcible sexual intercourse, and the
material evidence available on record does not satisfy the
essential ingredients of the offences for which the appellant has
been convicted. It is further submitted that the learned Court
below has not properly considered and appreciated the statement
of the victim in its correct perspective, particularly in light of the
surrounding circumstances and inconsistencies appearing therein.
Learned counsel submits that the conviction has been recorded in
a mechanical manner without due consideration of the settled
principles governing appreciation of evidence in cases of this
nature. It is also urged that the explanation furnished by the
appellant in his examination under Section 313 of the Code of
Criminal Procedure has not been considered at all, though the
same was plausible and sufficient to probabilise his defence.
According to the appellant, the learned trial Court has misapplied
and misconstrued the relevant provisions of the Indian Penal
Code, 1860, thereby resulting in grave miscarriage of justice. It is
further argued that the medical evidence and the testimony of the
doctor as well as that of the victim have not been properly
appreciated and do not lend corroboration to the prosecution
case. It is submitted that conviction cannot be sustained merely
on the basis of the sole testimony of the victim when the same
does not inspire confidence and is not supported by other reliable
evidence on record. On an overall appreciation of the evidence, it
is contended that the prosecution has miserably failed to prove
the charges beyond reasonable doubt, yet the learned trial Court
has erroneously convicted the appellant, rendering the impugned
judgment unsustainable in the eyes of law and liable to be set
aside.
9. On the other hand, learned counsel for the State opposes the
submissions made by the learned counsel for the appellant and
submits that the prosecution has proved its case beyond
reasonable doubt and the victim (PW-2) has clearly deposed the
conduct of the appellant in her statement and the learned trial
Court after considering the material available on record has rightly
convicted and sentenced the appellant, in which no interference is
called for.
10. We have heard the learned counsel for the parties and perused
the record with utmost circumspection.
11. The issue that arises for consideration in the present appeal is
whether the testimony of the victim/prosecutrix deserves
acceptance and whether the prosecution has established the case
of the appellant beyond reasonable doubt.
12. It is pertinent to observe that the question whether conviction of
the accused can be based on the sole testimony of the victim in
cases of sexual assault/rape is no longer res integra. The Hon'ble
Supreme Court has dealt with the issue in a catena of judgments
and has held that the sole testimony of the victim if found reliable
can be the sole ground for convicting the accused and that the
creditworthy testimony of the victim in cases of such nature
deserves acceptance.
13. The next question for consideration before this Court is whether
on the date of incident, the accused committed house-trespass by
entering the house of the physically disabled victim and thereafter
committed forcible sexual intercourse with her, who was incapable
of giving valid consent, and whether the learned trial Court has
rightly convicted and sentenced the accused on the basis of
proper appreciation of the evidence on record?
14. In this regard, the victim (PW-02) is admittedly hearing and
speech impaired since birth. Her evidence was recorded in the
Court with the assistance of a trained deaf-mute teacher acting as
an interpreter. The trial Court, before recording her statement,
satisfied itself regarding her ability to understand the questions
and to communicate her answers through gestures and signs. It is
evident from the deposition that the victim, by gestures and body
language, indicated that she was residing in her house on the
date of the incident and that in the absence of her parents, the
accused had come there. The photograph of the accused
attached with the arrest memo was shown to her and she
identified him by gestures and disclosed his name. She further
indicated that the accused had removed the clothes she was
wearing and had committed forcible sexual intercourse with her.
15. Since the victim was not able to clearly understand certain
questions during her examination, the Court adopted an
appropriate demonstrative method by bringing a plastic doll to
facilitate communication. On being asked through such
demonstration, the victim again indicated by gestures that the
accused had forcibly committed sexual intercourse with her. The
victim also conveyed through signs that she had earlier appeared
before the Court and that her statement had been recorded by the
Magistrate. Though at one stage she indicated that she had not
properly understood the questions, the trial Court recorded its
observations regarding her disability and continued her
examination with the assistance of the interpreter so as to ensure
fairness and clarity in the recording of her testimony.
16. The evidence further shows that immediately after the incident,
when her mother returned home from agricultural work, the victim
was found in a disturbed and crying condition. On being asked,
she disclosed the incident through gestures and named the
accused, who is her close relative residing in the same village.
This prompt disclosure forms an important circumstance lending
assurance to the truthfulness of her testimony. The victim's
gestures and narration in Court remained consistent with the
version recorded in the FIR as well as with her earlier statement
recorded during investigation.
17. The trial Court also noted that although the victim is deaf and
mute, there is no material to suggest that she suffers from any
mental abnormality which would prevent her from understanding
the occurrence or communicating the same. On the contrary, her
ability to convey the relevant facts through gestures, her
identification of the accused, and her demonstration of the act
alleged against him clearly indicate that she was competent to
depose. Her testimony, therefore, constitutes substantive
evidence. The same further stands corroborated by the
surrounding circumstances, including the testimony of her mother
regarding the immediate disclosure, the evidence of other
witnesses, and the forensic report which detected seminal stains
and human sperm on the vaginal slides of the victim as well as on
the underwear of the accused.
18. In view of the aforesaid detailed appreciation, the statement of the
victim is found to be natural, consistent and trustworthy, and
inspires full confidence of the Court in establishing that the
accused had committed forcible sexual intercourse with her.
19. It is well settled that merely because a witness is deaf and dumb,
her testimony cannot be discarded. Evidence given through
gestures or signs with the assistance of a competent interpreter is
admissible and can form the basis of conviction if it inspires
confidence. In this regard, in the matter of State of Rajasthan v.
Darshan Singh, (2012) 5 SCC 789, it has been held as under:
"26. The object of enacting the provisions of Section 119
of the Evidence Act reveals that deaf and dumb persons
were earlier contemplated in law as idiots. However, such
a view has subsequently been changed for the reason
that modern science revealed that persons affected with
such calamities are generally found more intelligent, and
to be susceptible to far higher culture than one was once
supposed. When a deaf and dumb person is examined in
the court, the court has to exercise due caution and take
care to ascertain before he is examined that he
possesses the requisite amount of intelligence and that
he understands the nature of an oath. On being satisfied
on this, the witness may be administered oath by
appropriate means and that also with the assistance of
an interpreter. However, in case a person can read and
write, it is most desirable to adopt that method being
more satisfactory than any sign language. The law
requires that there must be a record of signs and not the
interpretation of signs.
27. In Meesala Ramakrishan v. State of A.P. [(1994) 4
SCC 182], this Court has considered the evidentiary
value of a dying declaration recorded by means of signs
and nods of a person who is not in a position to speak for
any reason and held that the same amounts to a verbal
statement and, thus, is relevant and admissible. The
Court further clarified that "verbal" statement does not
amount to "oral" statement. In view of the provisions of
Section 119 of the Evidence Act, the only requirement is
that the witness may give his evidence in any manner in
which he can make it intelligible, as by writing or by signs
and such evidence can be deemed to be oral evidence
within the meaning of Section 3 of the Evidence Act.
Signs and gestures made by nods or head are
admissible and such nods and gestures are not only
admissible but possess evidentiary value. 28. Language
is much more than words. Like all other languages,
communication by way of signs has some inherent
limitations, since it may be difficult to comprehend what
the user is attempting to convey. But a dumb person
need not be prevented from being a credible and reliable
witness merely due to his/her physical disability. Such a
person though unable to speak may convey himself
through writing, if literate or through signs and gestures,
if he is unable to read and write. A case in point is the
silent movies which were understood widely because
they were able to communicate ideas to people through
novel signs and gestures. Emphasised body language
and facial expression enabled the audience to
comprehend the intended message.
29. To sum up, 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."
20. This Court further finds support from the settled legal position laid
down by the Hon'ble Supreme Court in Meesala Ramakrishan v.
State of Andhra Pradesh, reported in (1994) 4 SCC 182,
wherein it has been held that a witness who is unable to speak
can give evidence by signs or gestures and such evidence is
admissible and can form the basis of conviction, provided the
Court records satisfaction regarding the competency of the
witness and her ability to understand and respond. In the present
case, the trial Court has duly recorded such satisfaction and the
testimony of the victim has been properly interpreted and
recorded. Therefore, her evidence cannot be discarded merely on
account of her physical disability.
21. The Supreme Court in the matter of Rai Sandeep @ Deenu v.
State of NCT of Delhi, 2012 (8) SCC 21 held as under:-
"22. In our considered opinion, the 'sterling witness'
should be of a very high quality and caliber whose
version should, therefore, be unassailable. The
Court considering the version of such witness
should be in a position to accept it for its face value
without any hesitation. To test the quality of such a
witness, the status of the witness would be
immaterial and what would be relevant is the
truthfulness of the statement made by such a
witness. What would be more relevant would be the
consistency of the statement right from the starting
point till the end, namely, at the time when the
witness makes the initial statement and ultimately
before the Court. It should be natural and
consistent with the case of the prosecution qua the
accused. There should not be any prevarication in
the version of such a witness. The witness should
be in a position to withstand the cross-examination
of any length and howsoever strenuous it may be
and under no circumstance should give room for
any doubt as to the factum of the occurrence, the
persons involved, as well as, the sequence of it.
Such a version should have co-relation with each
and everyone of other supporting material such as
the recoveries made, the weapons used, the
manner of offence committed, the scientific
evidence and the expert opinion. The said version
should consistently match with the version of every
other witness. It can even be stated that it should
be akin to the test applied in the case of
circumstantial evidence where there should not be
any missing link in the chain of circumstances to
hold the accused guilty of the offence alleged
against him. Only if the version of such a witness
qualifies the above test as well as all other similar
such tests to be applied, it can be held that such a
witness can be called as a 'sterling witness' whose
version can be accepted by the Court without any
corroboration and based on which the guilty can be
punished. To be more precise, the version of the
said witness on the core spectrum of the crime
should remain intact while all other attendant
materials, namely, oral, documentary and material
objects should match the said version in material
particulars in order to enable the Court trying the
offence to rely on the core version to sieve the
other supporting materials for holding the offender
guilty of the charge alleged."
22. Apart from the testimony of the victim, the prosecution case finds
substantial corroboration from the evidence of other important
witnesses whose statements, when read in their entirety, lend
assurance to the occurrence of the incident and to the
involvement of the accused therein.
23. The evidence of the mother of the victim (PW-01) assumes great
significance in the facts and circumstances of the case, as she is
the first person to whom the victim disclosed the incident
immediately after its occurrence. She has categorically deposed
that on the date of the incident she and her husband had gone to
work in the agricultural fields, leaving the victim alone at home.
On returning in the evening, she found the victim in a disturbed
and crying condition. On making inquiries, the victim, through
gestures and signs, indicated the name of the accused, who is her
close relative residing in the same village, and conveyed that he
had entered the house, forcibly thrown her down, removed her
clothes and committed a wrongful act with her. PW-01 has further
stated that after learning about the incident, she informed her
husband as well as certain villagers and thereafter, on their
advice, lodged a written complaint at the concerned Police
Station. She has also deposed regarding the cleaning of the place
of occurrence with water, which according to the prosecution, was
done by the accused after committing the offence. Despite a
searching cross-examination, no material contradiction or
omission could be elicited so as to discredit her version. Her
testimony regarding the prompt disclosure by the victim, the
naming of the accused at the earliest opportunity and the
immediate steps taken by her in informing others and lodging the
report lends strong corroboration to the testimony of the victim.
24. Similarly, the father of the victim (PW-04) has also supported the
prosecution case in material particulars. He has deposed that
upon returning from the fields he found a crowd of villagers
gathered near his house and on being informed by his wife about
the incident, he questioned the victim, who by gestures indicated
towards the accused and narrated the occurrence. He has further
stated that thereafter he went to the house of the accused and
informed his family members about the incident, which led to a
dispute between the two families. His evidence also reveals that
the accused reacted aggressively when questioned about the
incident. The testimony of PW-04 thus establishes the sequence
of events following the occurrence and reinforces the prosecution
version that the victim had consistently attributed the act to the
accused immediately after the incident. His statement also
explains the circumstances under which the matter was reported
to the police and the involvement of villagers in the aftermath of
the occurrence.
25. The evidence of the independent witness (PW-03) and other
villagers who were informed soon after the incident further
strengthens the prosecution case. These witnesses have
corroborated the fact that the victim's mother disclosed the
incident and named the accused at the earliest point of time. Their
testimony also indicates that discussions took place in the village
regarding the incident and that the victim's family had no reason
to falsely implicate the accused in such a serious offence. The
prompt disclosure of the incident before independent persons and
the absence of undue delay in lodging the report are
circumstances which lend assurance to the truthfulness of the
prosecution story.
26. Thus, the cumulative effect of the evidence of PW-01, PW-04 and
the independent witnesses is that the version of the victim
regarding the occurrence receives substantial corroboration from
surrounding circumstances, her immediate conduct, and the
consistent narration made by her family members and other
villagers. Their testimonies form an important link in the chain of
circumstances establishing the guilt of the accused beyond
reasonable doubt.
27. Now coming to the Medical and Forensic evidence adduced, the
medical evidence in the present case forms an important
corroborative link in the chain of circumstances established by the
prosecution. The victim (PW-02) was medically examined by Dr.
S.P. Khan (PW-06) at Community Health Centre, Arjunda, on the
requisition sent by the Investigating Officer. The doctor conducted
a general physical and genital examination of the victim and
prepared the medico-legal report (Exhibit P-14). During the
examination, no external injuries were noticed on the body of the
victim and no fresh signs of violence were found on her private
parts. The vaginal opening was found healthy and intact.
However, PW-06 clearly opined that in cases of alleged sexual
assault, particularly where some time has elapsed between the
incident and examination or where the victim is physically
disabled and unable to offer resistance, the absence of injuries
does not rule out the possibility of sexual intercourse. The doctor
further stated that a definite opinion regarding sexual intercourse
could be given only after chemical examination of the vaginal
samples collected during the medical examination.
28. Accordingly, PW-06 collected fluid from the internal genital region
of the victim and prepared vaginal slides, which were duly sealed
and handed over to the police constable for further necessary
action. The consent for medical examination given by the victim
and her guardians has been proved on record as Exhibit P-07,
and the forwarding memo prepared by the police has been
exhibited as Exhibit P-17. The seizure of the sealed vaginal slides
was proved by the Investigating Officer Inspector Arun Netam
(PW-10) through seizure memo (Exhibit P-18). Thereafter,
Inspector Kumar Gaurav Sahu (PW-11) forwarded the seized
exhibits to the State Forensic Science Laboratory, Raipur, under
forwarding letter (Exhibit P-24) and the acknowledgment thereof
has been exhibited as Exhibit P-25.
29. The Forensic Science Laboratory report (Exhibit P-26) assumes
crucial significance, as it records that seminal stains and human
spermatozoa were detected on the vaginal slides of the victim.
This scientific finding provides strong corroborative evidence
indicating that sexual intercourse had taken place with the victim
prior to her medical examination.
30. The medical examination of the accused was conducted by Dr.
Chirag (PW-05), who prepared the report (Exhibit P-13). The
doctor has deposed that no injury was found on the genital organ
of the accused and no smell was detected in the smegma at the
time of examination. However, he clarified in cross-examination
that such smell may be present only immediately after sexual
intercourse and its absence after a lapse of several hours cannot
conclusively negate sexual activity. He further opined that the
accused was physically capable of performing sexual intercourse.
31. In addition, the underwear of the accused, which was seized
during investigation by PW-10 under seizure memo (Exhibit P-19)
after issuing notice (Exhibit P-20), was also sent for forensic
examination. As per the Forensic Science Laboratory report
(Exhibit P-26), seminal stains and human sperm were detected on
the said underwear marked as the relevant exhibit. The accused
has not furnished any plausible explanation regarding the
presence of such biological material on his garment.
32. Thus, although the medical examination of the victim did not
reveal external or internal injuries and the doctor reserved final
opinion pending chemical analysis, the forensic findings proved
through PW-10 and PW-11 provide strong scientific corroboration
to the prosecution case. The medical and forensic evidence, when
read conjointly with the consistent testimony of PW-02 and the
surrounding circumstances, supports the conclusion that the
accused had committed sexual intercourse with the victim.
33. So far as the charge under Section 450 IPC relating to house-
trespass is concerned, the prosecution has led cogent and
reliable evidence to establish that the accused had entered the
dwelling house of the victim without permission and with the
intention of committing an offence punishable with imprisonment
for life. The victim (PW-02), whose evidence was recorded with
the assistance of interpreter Padma Sahu (PW-08), has clearly
indicated through gestures and demonstrative signs that on the
date of the incident she was alone in her house as her parents
had gone to work in the agricultural fields and during that time the
accused came inside the house, removed her clothes and
committed forcible sexual intercourse with her. Her identification
of the accused was further confirmed when the photograph
attached with the arrest memo was shown to her during trial
proceedings.
34. The testimony of the mother of the victim (PW-01) provides
important corroboration on this aspect. She has deposed that
after returning from the fields in the evening, she found the victim
in a disturbed condition and upon inquiry the victim disclosed
through gestures that the accused had come inside the house and
committed a wrongful act with her. The written complaint lodged
by PW-01 at the Police Station has been proved as Exhibit P-01,
on the basis of which the First Information Report (Exhibit P-02)
was registered. In the said complaint also, it has been specifically
mentioned that the accused had entered the house of the victim in
her absence and committed the offence.
35. The father of the victim (PW-04) has further supported the
prosecution version by stating that when he returned from the
fields and questioned the victim, she indicated towards the
accused and narrated the occurrence through gestures, thereby
confirming that the accused had entered their house when she
was alone. The evidence of independent witness Santu Ram
(PW-03) also lends assurance to the prosecution case, as he has
deposed that the victim's family disclosed before him that the
accused had entered the victim's house and committed the
offence.
36. The place of occurrence has been proved through the site map
(Exhibit P-08) prepared by Yogesh Kumar Nayak (PW-07) on the
requisition sent by the Investigating Officer Inspector Arun Netam
(PW-10). The site map clearly shows that the incident took place
inside the dwelling house of the victim. There is no material on
record to indicate that the accused had any lawful authority,
permission or justification to enter the said premises at the
relevant time. On the contrary, the surrounding circumstances
reveal that the accused took advantage of the absence of the
victim's parents and clandestinely entered the house with the
intention of committing sexual assault.
37. The defence plea that the accused was working in the agricultural
field throughout the day has not been substantiated by any cogent
defence evidence. No witness has been examined on behalf of
the accused to establish his continuous presence in the field.
Mere suggestions put in cross-examination do not probabilise
lawful entry into the victim's house. In these circumstances, the
consistent testimony of PW-02, duly corroborated by PW-01, PW-
04, PW-03, the documentary evidence in the form of Exhibits P-
01, P-02 and P-08, and the investigation proved by PW-10, clearly
establishes that the accused committed house-trespass by
entering the dwelling house of the victim with the intention of
committing rape.
38. Accordingly, the finding recorded by the learned trial Court holding
the accused guilty of the offence of house-trespass calls for no
interference.
39. Upon careful consideration of the entire evidence available on
record, this Court finds that the learned trial Court has rightly
appreciated the testimony of the victim, who is admittedly hearing
and speech impaired since birth. Before recording her evidence,
the trial Court satisfied itself regarding her ability to understand
the questions and communicate her responses. Her deposition
was recorded in open Court with the assistance of a trained
interpreter Padma Jagat (PW-08), who facilitated communication
by interpreting the gestures and signs made by the victim. The
trial Court also adopted demonstrative methods, including the use
of a plastic doll, to ensure clarity regarding the nature of the
occurrence and to remove any possibility of misunderstanding.
From the observations recorded during her examination, it is
evident that although the victim could not hear or speak, she was
capable of conveying the essential facts relating to the incident in
an intelligible manner.
40. The victim (PW-02) consistently indicated through gestures that
the accused had entered her house in the absence of her parents,
removed her clothing and forcibly committed sexual intercourse
with her. She also identified the accused when his photograph
was shown to her during the proceedings. Her testimony
remained consistent with the earliest version of the prosecution as
reflected in the written complaint (Exhibit P-01) and the First
Information Report (Exhibit P-02). The prompt disclosure made by
her to her mother (PW-01) immediately after the incident, as well
as the subsequent narration of the occurrence before the
Magistrate during the recording of her statement under law, lends
assurance to the truthfulness and spontaneity of her version.
41. The defence contention that the victim, being deaf and dumb, is
not a competent witness is liable to be rejected. The law
recognizes that a witness who is unable to speak may give
evidence by signs or gestures in open Court, and such evidence
is to be treated as substantive oral evidence. In the present case,
the trial Court took adequate precautions by securing the
presence of a trained interpreter and by recording its satisfaction
regarding the victim's capacity to understand and respond. There
is no material on record to suggest that the victim was suffering
from any mental incapacity that would render her testimony
unreliable. On the contrary, her ability to identify the accused, to
demonstrate the act complained of and to narrate the sequence of
events through gestures clearly establishes her competency as a
witness.
42. The testimony of the victim also finds substantial corroboration
from surrounding circumstances, including the evidence of her
parents regarding her immediate disclosure, the scientific
evidence in the form of the forensic report detecting seminal
stains and human sperm on the vaginal slides and on the
underwear of the accused (Exhibit P-26), and the absence of any
plausible explanation from the accused in his statement under
Section 313 of the Code of Criminal Procedure. The cumulative
effect of this evidence leads to the inescapable conclusion that
the prosecution has successfully proved that the accused had
committed forcible sexual intercourse with the victim.
43. In view of the foregoing discussion, this Court finds no illegality or
perversity in the manner in which the learned trial Court assessed
the competency and credibility of the deaf and dumb victim. Her
testimony inspires full confidence and constitutes reliable
substantive evidence forming the foundation of the conviction
recorded against the accused. Consequently, the findings of the
learned trial Court on this aspect are affirmed. The present
criminal appeal lacks merit and is accordingly dismissed.
44. It is stated at the Bar that the appellant is in jail. He shall serve out
the sentence as ordered by the trial Court.
45. Registry is directed to send a copy of this judgment to the
concerned Superintendent of Jail where the Appellant is
undergoing the jail term, to serve the same on the Appellant
informing him that he is at liberty to assail the present judgment
passed by this Court by preferring an appeal before the Hon'ble
Supreme Court with the assistance of High Court Legal Services
Committee or the Supreme Court Legal Services Committee.
Sd/- Sd/-
(Ravindra Kumar Agrawal) (Ramesh Sinha)
Judge Chief Justice
Manpreet
