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Vishnu Kumar vs. State of Rajasthan

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Code of Criminal Procedure, 1973–Sec. 439–Evidence Act, 1872–Sec. 119–Prosecutrix is deaf and mute–She communicated through gestures only–The sign language specialist called by the Court showed her inability to assist in recording her statements–In the cases where the witness is not able to read and write, his/her statements can be recorded in the sign language with the aid of interpreter–However, he should have not any interest in the case and he should be administered oath–In the instant case, the gestures of the prosecutrix were interpreted by her sister and father–Gestures were not video graphed which is in contravention of provisions of Sec. 119–Bail granted subject to certain conditions and certain directions issued.