Uttarakhand HC Orders Retrial for Visually Impaired Man Convicted of Rape Due to Non-Availability of Braille Documents

In a significant ruling aimed at upholding the constitutional guarantee of a fair trial, the Uttarakhand High Court has overturned the conviction and 20-year sentence of a visually impaired man, citing a violation of his rights during trial proceedings. The bench observed that the accused, a music teacher who is completely blind, was not provided with case documents in Braille, the only medium through which he could read and comprehend the charges against him.

The division bench comprising Justice G. Narendar and Justice Alok Mahra, while delivering its judgment, stressed that this failure amounted to a grave procedural lapse, depriving the accused of a meaningful opportunity to participate in his defense. “The omission to provide documents in Braille—undeniably the only script the appellant could understand—resulted in an unfair trial and obstructed the accused's right to communicate effectively with his legal counsel,” the court observed.

Retrial Ordered Under Rights of Persons with Disabilities Act

The court allowed the appeal filed by the convict and remanded the matter to the Trial Court, directing that a fresh trial be conducted after the prosecution ensures compliance with Section 12 of the Rights of Persons with Disabilities Act, 2016. This provision mandates that individuals with disabilities must be given access to justice by ensuring they receive information in formats they can understand and use.

The bench strongly criticised the state’s failure to offer the case materials in an accessible format, noting that this omission had severely compromised the accused’s access to justice. “By denying access to the documents in Braille, the prosecution impaired the accused's ability to understand the nature and content of the allegations, thereby violating basic tenets of a fair trial,” the court stated.

Background of the Case

The appellant, Suchit Narang, had been convicted in January 2024 by a Special Court under the Protection of Children from Sexual Offences (POCSO) Act. The charges stemmed from allegations that he had sexually assaulted multiple students, including a 16-year-old blind girl, at a school for the visually impaired in 2018. The FIR was registered following a complaint by the Child Welfare Committee, and the police booked him under several sections of the Indian Penal Code (IPC), including Sections 354-A and 376, and under Sections 3, 4, 9, 10, 16, 17, and 21 of the POCSO Act.

After a detailed investigation, a charge-sheet was filed and the trial court found Narang guilty, sentencing him to 20 years in prison. However, during the appeal, the Deputy Advocate General representing the state conceded that the case documents had been provided in Devnagari script, and not in Braille.

Violation of Right to Understand Proceedings

The High Court, in its order, remarked that the failure to give the accused access to documents in a comprehensible format severely undermined his ability to defend himself. Citing Section 313 of the Code of Criminal Procedure (CrPC), the judges pointed out that if an accused cannot read or understand the evidence and charges against them, they cannot effectively respond to questions posed by the court.

“The accused’s inability to review the case material independently hindered his ability to instruct his defense counsel and to meaningfully engage with the trial process,” the court remarked.

The bench reiterated that the right to a fair trial is a cornerstone of criminal jurisprudence and extends to all individuals, including those with disabilities. “The state has a duty to ensure that justice is accessible and inclusive. Denying this to the accused due to his disability cannot be permitted in a constitutional democracy,” the judges added.

Legal Representation

The appellant was represented by Advocates Manisha Bhandari, Shashwat Sidhant, Dhruv Chandra, and Ishita Dhaila, who successfully argued that the lack of Braille documents constituted a gross miscarriage of justice.