Madras HC sets aside mentally challenged rape victim’s statement recorded without interpreter

The 21-year-old woman was allegedly raped by a neighbour while she was attending the special school in Chennai.

The Madras High Court on Monday set aside the statement of a 21-year-old rape victim, who is mentally challenged, on a petition that a metropolitan magistrate in Chennai city who recorded it had refused to take the help of an interpreter.

Her medical condition necessitates the assistance of a trained individual to interpet her statement.

The petition before the court, filed by the victim’s mother, argued that the magistrate recorded the statement on August 25 despite the presence of a special educator who teaches the rape victim at a special school in the city. It said the magistrate’s interpretation of the statement may help clear the accused of the charges.

The 21-year-old woman was allegedly raped by a neighbour while she was attending the special school in Chennai. A police complaint was filed on August 15, after which the woman went through several rounds of medical examinations, including psychiatric assessments.

On Monday, Justice M Nirmal Kumar of the High Court set aside the statement recorded by the Saidapet Metropolitan Magistrate. The judge also directed that a fresh statement be taken by the magistrate with the help of a special educator or interpreter, preferably the school teacher of the victim.

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