SC mulls laying guidelines for trial against person with hearing and speech disabilities

New Delhi: The Supreme Court has decided to examine the issue of laying down guidelines for conducting trial against an accused who is having hearing and speech disabilities and is otherwise medically fit to commit a heinous offence like rape.

A bench of Justices Surya Kant and K V Viswanathan observed it has been brought to its notice that the top court has not so far laid down any such guidelines.

The issue cropped up before the bench which declined to grant bail to a man, who is suffering from hearing and speech disabilities and is convicted for raping two minor girls.

“However, it is brought to our notice that this court has not laid down so far the parameters and guidelines for conducting trial against a deaf-and-dumb accused, who is otherwise of sound mind and medically fit to commit a heinous offence like rape,” the bench said in its April 16 order.

“Let notice be issued to Union of India through the Attorney General for India as well as to the respondent-state (Chhattisgarh), returnable on July 26, 2024 for the purpose of determining the question of law as indicated above,” it further said.

Dealing with the case, the bench said after hearing the petitioner’s counsel and perusing the material on record, it was “prima facie satisfied that the trial court as well as the high court has rightly held the petitioner guilty of raping two minor girls aged seven and eight years”.

It said that being so, the conviction and consequential sentence awarded to the petitioner seems to be justified.