Protection of Children from Sexual Offences Act, 2002, Section 6, 8, Evidence Act, 1872, Section 8 -- Sexual assault on deaf and dumb girl aged 12 years - Conduct of prosecutrix pointing towards accused as the person soon after the incident which she was in a perplexed and nervous condition forms a part of transaction of incident itself and is thus admissible u/ss 6 and 8..........
Protection of Children from Sexual Offences Act, 2002, Section 9(k), 10, 8 -- Nature of offence - Sexual assault on deaf and dumb girl aged 12 years - Testimony of prosecutrix through her sign language inspires confidence and is sufficient to prove the offence committed by accused - Prosecutrix stood by her complaint even in her deposition before Court and her testimony..........
Protection of Children from Sexual Offences Act, 2002, Section 8 -- Sexual assault on deaf and dumb girl aged 12 years - Quantum of sentence - Punishment prescribed u/s 8 of the Act is not less than 3 years which may extend to 5 years - Conduct of accused in sexually assaulting a deaf and dumb girl who was not in a position to protect herself fully warrants maximum..........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Deaf and dumb - Mental infirmity within the meaning of O.32.R.15 CPC is not mental disorder, insanity or mental illness but infirmity caused by physical defects like deafness or dumbness also constitute weakness of mind and renders a person incapable of protecting his interests - In such a case where the person having such..........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Deaf and dumb - No specific objection raised to this effect in reply to the petition - Trial Court rightly did not conduct an enquiry - Court without holding an enquiry cannot give a finding as to unsound mind - Petition cannot be dismissed as not maintainable as not filed through next friend...........
Evidence Act, 1872, Section 137, 141, 142 -- Leading questions in examination-in-chief - Deaf and dumb witness - Leading questions were asked from witness during examination-in-chief and services of an interpreter not taken - Such evidence is absolutely inadmissible evidence and practically no evidence...........
Indian Penal Code, 1860, Section 376, 452, 323, 506 -- Rape of deaf and dumb married woman - Eye witnesses to the incident not supported prosecution case - Victim who is deaf and dumb by birth herself stated by signs and gestures that she absolutely has no knowledge about incident - Victim also stated that neither accused entered her house nor he left her - Moreover,..........
Evidence Act, 1872, Section 119, Oaths Act, 1969, Section 4,5,7 -- Deaf and dumb witness is a competent witness - Neither dumb witness nor the person who acted as interpreter administered oath - Held, omission of administration of oath or affirmation does not invalidate any evidence in view of S.7 of Oaths Act, 1969...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 119 -- Murder - Deaf and dumb witness - Sole eye-witness - Testimony of - Credibility and admissibility - Sufficient material on record that PW16 was able to read and write - Fact stood proved in trial Court when she wrote telephone number of her father - But her statement had not been recorded in writing -..........
Motor Vehicles Act, 1988, Section 7, 8(3), 9, 27 -- Public Interest Litigation seeking direction to grant driving licenses to deaf persons and for quashing of policy decisions restraining or creating any kind of restriction on part of deaf persons to get driving licenses - Held, persons who are totally deaf cannot be granted driving license - However, if such persons..........
