Jharkhand High Court has expunged the evidence of a minor deaf and mute victim of rape and ordered the recording of fresh evidence with the help of sign language and interpreters in accordance with the provisions of Evidence Act.

On December 4, the court of Justice A.B. Singh rejected a bail plea of accused Baneshwar Marandi and ordered Jharkhand Legal Services Authority (Jhalsa) secretary A.K. Rai to monitor and supervise the recording of evidence.

The victim was allegedly raped by Marandi and one Jiten Soren on September 2, 2015.

A case was registered at Ranga police station in Sahebganj under the Protection of Children From Sexual Offences Act and Indian Penal Code.

Marandi had applied for bail the second time on the basis of an anomaly in the victim’s statement on 28 August 2017.

While scanning the records of the case procured from Sahebganj District Court, the high court found that the victim’s statement had not been recorded in sign language with the help of interpreters.

Through her gestures, the victim had indicated rape and the fact that her neck was throttled and her hands were tied up, but failed to identify Marandi as an accused.

After going through the records, Justice Singh had called for an inquiry by the high court’s vigilance registrar who submitted a report that corroborated the fact that the victim was not able to understand the judicial procedure of recording evidence.

While rejecting Marandi’s bail plea for the second time, the HC expunged the victim’s evidence and ordered fresh recording of evidence with her assistance of her parents.

The court also ordered Jhalsa to bear the travel expense and other costs of sign language expert.

Marandi’s first bail plea was rejected by Justice Singh on July 28, 2016.

The high court had ordered the state government to pay Rs 3 lakh to the victim under the Jharkhand Victim Compensation Scheme.