Emperor vs A Deaf and Dumb Accused

Batchelor, J.—In this case the accused, a deaf and dumb man, has been convicted of theft u/s 380 of the Indian Penal Code, and the proceedings have been submitted to this Court, u/s 311 of the Criminal Procedure Code.

Section 341 provides that in such a case as this the High Court should pass such orders as it thinks fit. The law in England appears to be that though great caution and diligence are necessary in the trial of a deaf and dumb person, yet if it be shown that such person had sufficient intelligence to understand the character of his criminal act, he is liable to punishment: see Russell on Crimes, Vol. I, p. 62, Archbold''s Criminal Practice p. 11 and The King v. Elizabeth Steel. (1787) 1 Leach 451 Queen v. Bowka Hari (1874) 22 W.R. 35 and The. Queen-Empress v. Reubin Samuel (1894) Cri. Cas. 696 are authorities to show that the same is the law and practice in India. In this case we are satisfied from the learned Magistrate''s judgment that he was right in finding that the accused understood the nature of the act which he was committing when he committed this theft.

We, therefore, confirm the conviction and sentence the accused to one month''s rigorous imprisonment.