procedure of examination of deaf and dum witness.
V.V.RAMDAS
(Querist) 21 June 2012
This query is : Resolved
Dear sir/Madam,
What is the procedure for examination of deaf & dum witness and under which act the same has been prescribed ?
Nadeem Qureshi
(Expert) 21 June 2012
Dear Querist
you can read Indian evidence act, 1872
Guest
(Expert) 21 June 2012
SEE 119 OF THE EVIDENCE ACT IT IS TREATED AS ORAL EVIDENCE. THE TRANSLATOR FOR DUMB WITNESS HAS BEEN GIVEN WRITTEN FORM AND IF THE WITNESS IS ABLE TO EXPRESS IN WRITTEN IT IS ALSO TREATED AS ORAL EVIDENCE.
Guest
(Expert) 21 June 2012
YOU CAN ALSO SEE THE CASE ATTACHED HEREIN
N.K.Assumi
(Expert) 21 June 2012
Thanks Ganesan for the citation.
ajay sethi
(Expert) 21 June 2012
well advised by ganesan
Guest
(Expert) 21 June 2012
Nicely guided by Shri Ganesan.
A V Vishal
(Expert) 21 June 2012
The testimony of deaf and dumb witnesses can by relied upon by courts as they are competent and signs and gestures are admissible piece of evidence, the Supreme Court on Monday ruled.
Interpreting Section 119 of the Indian Evidence Act, a bench of justices B S Chauhan and Dipak Misra said testimony of such witnesses is valid as long as the same in done in an intelligible manner to the satisfaction of the court.
"Signs and gestures made by nods or head are admissible and such nods and gestures are not only admissible but possess evidentiary value.
"A dumb person need not be prevented from being a credible and reliable witness merely due to his/her physical disability. Such a person though unable to speak may convey himself through writing if literate or through signs and gestures if he is unable to read and write.
"To sum up, a deaf and dumb person is a competent witness. If in the opinion of the court, oath can be administered to him/her, it should be so done. Such a witness, if able to read and write, it is desirable to record his statement giving him questions in writing and seeking answers in writing," Justice Chauhan writing the judgement said.
The apex court passed the ruling while dismissing an appeal filed by the Rajasthan government against the acquittal of a convict Darshan Singh in a murder case in Rajasthan's Jodhpur district. Darshan was charged with the murder of Kaku Singh on May 4, 2001 at the instigation of the former's sister with whom the deceased reportedly had a intimacy.
Geeta, the deaf and dumb wife of Kaku, was the star witness on whose testimony Darshan was sentenced to life imprisonment by a fast track sessions court. However, the high court acquitted Darshan following which the state filed the appeal
Shonee Kapoor
(Expert) 21 June 2012
Thanks for elaborate reply and the citation.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V.V.RAMDAS
(Querist) 27 June 2012
Manay many thanks to Mr.Ganeshan and A.V.Vishal for nice answer and explanation with citation.
Remain with thanks .
V.V.Ramdas.Advocate.
V.V.RAMDAS
(Querist) 27 June 2012
Manay many thanks to Mr.Ganeshan and A.V.Vishal for nice answer and explanation with citation.
Remain with thanks .
V.V.Ramdas.Advocate.
