Madras High Court Modifies Rape Conviction to Cheating Over Procedural Lapses
The Madras High Court has made a significant ruling in a sensitive case involving a deaf and mute survivor. Justice M Nirmal Kumar modified a man's conviction from rape to cheating. This decision came after the court identified serious procedural flaws in how the survivor's testimony was recorded.
Court Finds Critical Gaps in Statement Recording
Justice Kumar was hearing an appeal against a 2018 trial court verdict. The lower court had convicted a man for raping a 20-year-old deaf and mute woman. The High Court examined the case thoroughly and found multiple issues with the evidence collection process.
The court emphasized a crucial missing element in all recorded statements. "In none of the statements of the victim recorded, there is any reference to the sign and gestures made," the January 12 order stated clearly. This absence proved fatal to the rape conviction according to the bench.
Procedural Violations Undermine Prosecution Case
The judgment highlighted several violations of legal procedures:
- Interpreters were not administered oath before recording statements
- No videography was conducted during testimony recording
- Specific signs and gestures used by the survivor were not documented
- Material contradictions existed regarding the incident date
Section 119 of the Evidence Act requires strict compliance when dealing with verbally disabled witnesses. The court found that mandatory safeguards were completely ignored in this case.
Medical Evidence and Circumstantial Factors
The medical examination revealed no recent injuries to the survivor's private parts. This finding contributed to the court's assessment of the evidence. Additionally, discussions about marriage between the survivor and appellant were admitted by both parties.
"The proposal for marriage of the survivor with the appellant is admitted by the appellant," the court noted. "This cannot be a one-day affair, without some relationship and substance."
Case Background and Final Ruling
The incident allegedly occurred in November 2015 at Pennagaram in Dharmapuri district. A complaint was filed only on November 28, 2015, after the survivor's mother returned from Bengaluru. The trial court had convicted the accused in December 2018, sentencing him to seven years rigorous imprisonment.
The High Court modified this conviction to cheating. The sentence was reduced to the period already undergone. The court also directed the appellant to pay Rs 2 lakh as compensation to the woman.
Justice Kumar concluded that the prosecution failed to prove the element of force beyond reasonable doubt. The chain of circumstances remained incomplete, and procedural violations made the evidence legally unreliable.
