Criminal Law Evidence of a deaf & dumb person (solitary eye witness)

2019 SCMR 64

Criminal Law

Evidence of a deaf & dumb person (solitary eye witness) was recorded by trial court through another person as interpreter u/s 543 CrPC. Supreme Court set asides the conviction and holds that trial court ought to have done following acts;
1. Capacity of interpreter had to be determined i.e as expert under Art. 59 QSO or as an interpreter,
2. Level of his comprehension in interpreting the statement of deaf & dumb witness was required to be assessed,
3. Before recording his statement the court should have administered oath to the person interpreting.

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