Disabled individual interacts with the world in different manner and on that basis their testimony cannot be considered as weak or inferior

A disabled individual interacts with the world differently. As long as the testimony of such a witness otherwise meets the criteria for inspiring judicial confidence, it is entitled to full legal weight.

The blindness of Prosecutrix meant that she had no visual contact with the world. Her primary mode of identifying persons around her is the sound of their voice. In the present case, the accused used to visit the house of the prosecutrix and bereft of eye-sight, she was able to identify the accused by his voice with which she was familiar. Therefore, testimony of the prosecutrix is entitled to equal weight as that of a prosecutrix who would have been able to visually identify the accused.

In the present case accused committed rape on the girl who was blind from birth and belongs to Scheduled castes when he found her alone at her home. In the situation when the offence is committed it is evident that he had taken the disadvantage of her disability. A heinous offence committed on a woman belonging to the Scheduled Caste hence the Supreme Court held that imposition of the sentence of imprisonment for life cannot be faulted.

Appearing Counsel: Mr. Prashant Sinha