Image is for representational purposes only | Photo credit: Getty Images/iStockphoto
In a recent order, the Chhattisgarh High Court said that testimony through signs and gestures will be treated as substantive oral evidence, while dismissing the appeal of a man convicted of raping a speech- and hearing-impaired woman from Balod district in 2023.
The court also noted that the trial court used demonstrative methods in sentencing the man, including the use of a plastic doll, to eliminate any possibility of misunderstanding in the decedent’s testimony.
“The contention of the defense that the victim who is deaf-mute and not a competent witness may 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 considered as substantive oral evidence,” said the order issued by the Supreme Court bench of Ramesh Sinha and Justice Ravindra Kumar Agrawal.
The incident occurred on July 29, 2020, when the victim was alone in her house in Balod district, where a man entered the house and raped her. The defendant was convicted in 2023 and sentenced to life in prison until natural death.
The applicant challenged his conviction in the High Court, saying the trial court had failed to present “convincing, reliable and convincing evidence to prove the charge of forcible intercourse”.
However, the High Court upheld the conviction and sentence, stating that in this case the trial court had taken reasonable precautions by ensuring the presence of a trained interpreter and recording its satisfaction as to the victim’s ability to understand and respond.
He also stated that there was no material to suggest that the victim suffered from any mental incapacity which would render her testimony unreliable. On the contrary, according to the court, her ability to identify the accused, demonstrate the accused act and describe the sequence of events with gestures clearly establishes her competence as a witness.
“Due to the fact that the victim was not able to clearly understand some questions during the interrogation, the court chose an appropriate demonstrative method by bringing a plastic doll to facilitate communication. After questioning with this demonstration, the victim again indicated with gestures that the accused had forcibly committed sexual intercourse with her,” the order said.
Published – 27 March 2026 21:09 IST
