State of Rajasthan Vs. Darshan Singh @ Darshan Lal
|
The Indian Evidence Act, 1872 - Section 119 , Indian Penal Code,1860 - Section 302
Oath Act, 1969 - Sections 4, 5 and 7 - Deaf and dumb person is a competent witness - The omission of administration of oath or affirmation does not invalidate any evidence - Held - If in the opinion of the Court, oath can be administrated 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 - In case the witness is not able to read and write, his statement can be recorded in sign language with the aid of interpreter, if found necessary - In case the interpreter is provided, he should be a person of the same surrounding but should not have any interest in the case and he should be administered oath.
BENCH :
Advocates For the Appellant(s) :
Topic(s)-Deaf and Dumb Person is a Competent Witness
Important Decision(s)- Deaf and dumb person is a competent witness - The omission of administration of oath or affirmation does not invalidate any evidence.