In a significant ruling, the High Court of Chhattisgarh at Bilaspur upheld the conviction and life sentence of a man accused of sexually assaulting a hearing and speech-impaired woman. The Court emphasized that testimony conveyed through gestures can be reliable and legally valid.
Background of the Case
The case arose from an incident reported in July 2020 in Balod district. According to the prosecution, the victim who has been deaf and unable to speak since birth was alone at home when the accused, a relative, allegedly entered the house and committed sexual assault.
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The complaint was filed by the victim’s mother after the victim, found crying, indicated the accused’s name through gestures. Based on this, a case was registered, and after investigation, the trial court convicted the accused under Sections 450 and 376 of the IPC, awarding life imprisonment.
The defence argued that the conviction was flawed, claiming that the victim’s testimony lacked clarity and was not supported by strong evidence. It was also contended that medical findings did not conclusively establish the offence.
On the other hand, the State maintained that the victim’s testimony, supported by surrounding evidence and forensic reports, clearly established the accused’s involvement.
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The Division Bench closely examined whether the victim’s testimony could be relied upon. The Court noted that the victim’s statement was recorded with the help of a trained interpreter and even demonstrative tools were used to ensure clarity.
“The testimony of a deaf and dumb witness cannot be discarded merely due to physical disability,” the bench observed, stressing that such evidence is admissible if it inspires confidence.
The Court found that the victim consistently identified the accused and clearly conveyed the sequence of events through gestures. Her account matched the initial complaint and other statements recorded during the investigation.
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Importantly, the Court highlighted that prompt disclosure to her mother and consistent narration strengthened the prosecution’s case.
While no visible injuries were found during medical examination, the Court clarified that absence of injuries does not negate sexual assault, especially in such circumstances.
The forensic report detected seminal stains and human sperm on both the victim’s samples and the accused’s clothing. The Court treated this as strong corroborative evidence.
The testimonies of the victim’s parents and independent witnesses were found consistent and supportive of the prosecution story. The Court noted that the victim’s immediate conduct and identification of the accused added credibility.
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After evaluating the entire record, the High Court held that the prosecution had proved the case beyond reasonable doubt. It found no illegality in the trial court’s judgment.
“The testimony of the victim inspires full confidence and constitutes reliable substantive evidence,” the Court stated.
Accordingly, the criminal appeal was dismissed, and the conviction and sentence were affirmed. The Court directed that the accused continue to serve the sentence as imposed by the trial court.
Case Title: Neelam Kumar Deshmukh vs State of Chhattisgarh
Case Number: CRA No. 786 of 2023
Judge: Justice Ramesh Sinha (C.J.), Justice Ravindra Kumar Agrawal
Decision Date: 16 March 2026
