All posts tagged: hearing impaired woman rape case

High Court says signs, gestures are oral evidence, upholds conviction of man for raping disabled woman

High Court says signs, gestures are oral evidence, upholds conviction of man for raping disabled woman

Image used for representational purposes only | Photo Credit: Getty Images/iStockphoto In a recent order, the Chhattisgarh High Court said that testimony through signs and gestures shall be treated as substantive oral evidence, while dismissing the appeal of a man convicted for raping a speech and hearing impaired woman from Balod district in 2023. The court also observed that the trial court while convicting the man had adopted demonstrative methods, including the use of a plastic doll, to remove any possibility of misunderstanding in the survivor’s testimony. “The defence contention that the victim, being deaf and dumb, is not a competent witness is liable to be rejected. The law recognises that a witness who is unable to speak may give evidence by signs or gestures in open Court, and such evidence is to be treated as substantive oral evidence,” noted the order delivered by a Bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal on March 16. The incident took place on July 29, 2020 when the victim was alone in her house …