High Court mandates fair trial with compliance to Section 313 CrPC, directs trial court to record accused's statement with assistance of sign language experts if necessary.
In a landmark judgment, the Madhya Pradesh High Court has set aside the trial court's decision in the case of State of Madhya Pradesh v. Kalyan Raikwar, where the accused allegedly pretended to be deaf and dumb to evade trial for grave sexual offences against a minor. The High Court has ordered a re-trial, emphasizing the mandatory compliance with Section 313 of the Criminal Procedure Code (CrPC), which requires the accused's statement to be recorded.
The case revolved around Kalyan Raikwar, who was convicted by the trial court for offences under Sections 449, 376(AB), and 506 of the Indian Penal Code (IPC) and Section 6 of the Protection of Children from Sexual Offences Act, 2012. Raikwar, during the trial, claimed to be deaf and dumb, allegedly to avoid the trial proceedings. However, the High Court found that this was a deliberate attempt to mislead the court and evade justice.
The High Court, comprising Justices Anand Pathak and Pushpendra Yadav, highlighted the importance of balancing the rights of the victim and the accused. The court underscored the necessity of a cautious approach, especially in cases involving serious allegations like sexual offences against minors. It was noted that the accused had a prior conviction for a similar offence, which further cast doubt on his claims of disability.
The judgment mandates the trial court to record the accused's statement under Section 313 CrPC, either through written examination or with the assistance of sign language experts, if necessary. The court also instructed that if Raikwar continues to be uncooperative, the trial court is at liberty to pronounce the judgment after giving him sufficient opportunity to participate in the proceedings.
The High Court's decision aims to prevent the misuse of legal safeguards and ensure a fair trial. It emphasizes that the accused's conduct during the trial and his previous convictions indicate a pattern of behavior aimed at evading justice. The judgment has been hailed as a significant step towards maintaining the integrity of the legal process and ensuring that justice is served.
Bottom line:-
Criminal Procedure - Accused pretending to be deaf and dumb to avoid trial - Mandatory compliance with Section 313 of CrPC required for fair trial - Trial Court directed to record the accused's statement under Section 313 CrPC through written examination or with the assistance of sign language experts, if necessary.
Statutory provision(s):
Section 313 CrPC, Section 318 CrPC, Sections 449, 376(AB), 506 of IPC, Section 6 of POCSO Act
