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In Re: Chuckler Sevuttu Raman - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Reported inAIR1947Mad129; (1946)2MLJ272
AppellantIn Re: Chuckler Sevuttu Raman
Excerpt:
- .....this is not a case in which the medical evidence indicates that it is not possible to make the accused know what the proceedings are. of course somebody will have to take the trouble to speak to the accused in close range and explain him what all has taken place in court as and when the proceedings go on. it is no doubt a difficult job, but then that will have to be done because the person is deaf. it cannot therefore be said that it is a case in which it is not possible to the magistrate to make the accused understand what is going on in court. merely because the magistrate will have to take some trouble in making the accused know what is going on, i will not be justified in passing any orders dispensing with the taking of any efforts to make the accused know what is going on. the.....
Judgment:
ORDER

Kuppuswami Ayyar, J.

1. This is not a case in which the medical evidence indicates that it is not possible to make the accused know what the proceedings are. Of course somebody will have to take the trouble to speak to the accused in close range and explain him what all has taken place in Court as and when the proceedings go on. It is no doubt a difficult job, but then that will have to be done because the person is deaf. It cannot therefore be said that it is a case in which it is not possible to the Magistrate to make the accused understand what is going on in Court. Merely because the Magistrate will have to take some trouble in making the accused know what is going on, I will not be justified in passing any orders dispensing with the taking of any efforts to make the accused know what is going on. The medical evidence, according to the letter of reference, is that the accused person is only slightly deaf and there is evidence of one of the witnesses for prosecution who knew him for 15 years that though he is deaf, he could hear when talked to at a close range. The papers are returned to the Magistrate to proceed with the case in the light of the observations made above.


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