HC halts murder trial of dementia patient
JODHPUR, May 29 -- An 80-year-old man accused of murder cannot be prosecuted as he is suffering from severe dementia and is unable to understand court proceedings, the Rajasthan High Court ruled on Thursday.
"An accused cannot be prosecuted under the law unless and until he is certified to be of sound mind," Justice Anoop Kumar Dhand observed. "The Right to Fair Trial is a fundamental right guaranteed under Article 21 of the Constitution of India and no person should be condemned unheard."
The court was hearing a petition challenging a trial court order that released Puran Singh, accused in a 1994 murder case in Dholpur district.
Singh remained was arrest in January 2024. After his arrest, his son filed an application stating that he was suffering from dementia and could not defend himself. A medical board from SMS Hospital, Jaipur, examined him and submitted a report.
"We the members of board are of unanimous opinion that Puran Singh has dementia," the report stated. "Owing to the cognitive impairment he is unable to understand and participate in the court proceedings."...
इस लेख के रीप्रिंट को खरीदने या इस प्रकाशन का पूरा फ़ीड प्राप्त करने के लिए, कृपया
हमे संपर्क करें.