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‘Truth can’t be suppressed in her silence’: Sikkim High Court upholds 10-year jail for rape of woman with cerebral palsy

The Indian Express·Richa Sahay·about 1 month ago
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Sikkim High Court news: The Sikkim High Court recently upheld a sentence of 10 years’ rigorous imprisonment imposed on a man convicted of sexually assaulting a 25-year-old woman with 70 per cent intellectual disability and cerebral palsy, holding that truth cannot be “suppressed” in her “silence”.  A division bench of Bhaskar Raj Pradhan and Meenakshi Madan Rai , in its judgment dated April 29, dismissed the accused’s appeal, observing that the court’s “ inability ” to understand the survivor’s communication must not result in a “failure of justice”. The high court emphasised, “What is important is to know what she has to say more than how she says it.” It was noted that a special educator present during the recording of the survivor’s statement found that she had “speech and mild intellectual” disability, but was capable of communication, and had indicated that she was physically abused on two occasions.…

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