Ranchi, Oct 28 The Jharkhand High Court on Wednesday acquitted a convict serving a life sentence on the ground that he was not examined in a language he understood and that the prosecution had put questions to him in English, which he did not understand.
A division bench of Justices Ananda Sen and Pradeep Kumar Srivastava heard a criminal appeal filed by Chamara Oraon challenging the sentence imposed on him by the Sessions Court in Ranchi.
Oraon was found guilty of the murder of Parmeshwari Devi on February 26, 2009.
Oraon allegedly drowned her in a well due to a dispute arising over possession of a piece of land.
The trial court in Ranchi had sentenced Oraon to undergo life imprisonment and pay a fine of Rs 20,000 on April 25, 2018.
Oraon then preferred an appeal before the High Court, which was taken up for hearing by the division bench on Wednesday.
During the hearing, the High Court found that the prosecution had put questions to Oraon in English, which he did not understand.
The High Court also observed that the trial court had recorded all statements in English, a language the convict did not understand.
Oraon had put his thumb impression on the statements recorded by the court after the statements were made.
The High Court took a strict view of the trial court’s practice and observed that recording the accused’s evidence seemed to be a farce.
The High Court observed that when an accused person does not understand the language in which the prosecution puts questions to him, his answers could prejudice his defence.
The bench also observed that a fair trial is guaranteed by the Constitution of India to all citizens of the country.
In the present case, there seems to be enough reason to hold that the circumstances against the accused were not explained to him in a language known to him, which vitiates his fundamental right, it said.
Holding these facts, the High Court set aside the order of conviction and sentence.
(PTI News)
