Deaf mute to face trial for offences

Chennai: Holding that deaf and dumb persons as much liable to be punished for offences committed by them as any other person is, the Madras high court has dismissed a petition from an accused, who was speech impaired,  to stall the trial proceedings pending against him in a corruption case before a  lower court in Coimbatore.

A division bench comprising Chief Justice Sanjay Kishan Kaul and Justice Pushpa Sathyanarayana dismissed the petition filed by P Shanmugasundaram, which sought to declare as unconstitutional, section 318 Cr.P.C (Procedure where accused does not understand proceedings).

The bench said from the materials available on record, it was seen that the petitioner, who has been prosecuted and ranked as 4th accused in a case for alleged offences under various provisions of IPC and Prevention of Corruption Act, was directed by the Special Judge for CBI cases in Coimbatore, to face trial. Pursuant to the same, the father of the petitioner filed an application under section 318 of the Cr.P.C before the court to take note of the physical condition of the accused on the ground that the accused has Neuro problem right from 2006 due to stroke on the right side of the Head and he was not able to read because of his memory loss. It was also stated that the accused was hard of hearing and lost his speech.

Finding that the accused was unable to speak and write during the proceedings, the special judge directed the accused to appear before the Medical Board for the assessment of his physical condition.

Accordingly, the board filed its report opining that the accused lost his speech and was unable to function independently and to write because of paralysis of right upper and lower limb. In such circumstance, the accused has come up before this court, the bench added.

The bench said an enactment of the legislature cannot be struck down merely by saying that it was arbitrary and unconstitutional at the instance of the petitioner, who was canvassing this case in an individual capacity. Indisputably, the offence alleged against the petitioner was under the PCA, which was to be tried with all seriousness.

Provisions of section 318 Cr.P.C make it clear that the same applies to persons who do not understand the proceedings. But when the claim was that the accused was unable to understand the proceeding due to unsoundness of mind, the section has no application.  

“A perusal of the report filed by the medical board does not reflect anything with regard to the deficiency in mental faculty of the petitioner and that it has clearly stated that the accused does not suffer from any psychiatric illness.

Though great caution and diligence are necessary in the trial of a person like the petitioner, who is speech impaired, yet, if it be shown that such a person had sufficient intelligence to understand the character of his criminal act, he is liable to be punished.

Deaf and dump persons as much liable to be punished for offences committed by them as any other person is. If the mind of the accused is sound, his inability to hear and speak does not excuse him from criminal liability. Moreover, there is no bar provided under section 318 Cr.P.C for conducting the trial”, the bench added.

 

 

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