Madras HC sets aside mentally challenged rape victim’s statement recorded without interpreter

The petition before the court, filed by the victim’s mother, argued that the magistrate recorded the statement on August 25 despite the presence of a special educator who teaches the rape victim at a special school in the city. It said the magistrate’s interpretation of the statement may help clear the accused of the charges.

The 21-year-old woman was allegedly raped by a neighbour while she was attending the special school in Chennai. A police complaint was filed on August 15, after which the woman went through several rounds of medical examinations, including psychiatric assessments.

On Monday, Justice M Nirmal Kumar of the High Court set aside the statement recorded by the Saidapet Metropolitan Magistrate. The judge also directed that a fresh statement be taken by the magistrate with the help of a special educator or interpreter, preferably the school teacher of the victim.