Judge concluded that he was suffering from paranoid schizophrenia
Noting that the accused was not in a mental position to have any sexual intent, a Delhi court has discharged a man suffering from paranoid schizophrenia who was accused of allegedly grabbing and kissing a six-year-old girl two years back.
The order was passed by the court of Additional Sessions Judge Ashutosh Kumar who said that even if for argument’s sake, it is assumed that there is suspicion that the accused was not sufficiently capable to understand the consequences of his act. Hence, “no charge can be framed against the accused as it is well settled that for framing of charge there has to be grave or strong suspicion against the accused”.
‘No mental position’
“For framing of charge, it is well settled that a prima facie case or strong suspicion must exist against the accused in the matter. In view of the aforesaid discussion, it is clear that due to his mental capacity, the accused was not in a mental position to form any mens rea or to have any sexual content,” the court order read.
The Additional Sessions Judge further noted that from his medical history brought on record and the subsequent medical board opinion reports, it can be prima facie inferred that the accused, even if not having 100% mental disability, ‘was still suffering from severe mental disability on the date of commission of the offence’.
During the proceedings, Advocate Tanveer Ahmed Mir, appearing for the accused, said that the accused was diagnosed with Paranoid Schizophrenia and that he was admitted to the hospital in December, 2017, after which he got discharged in 2018.
Mr. Ahmed argued that the accused’s psychiatric condition and other hospital records pertaining to his treatment were verified by the investigating agency and were part of the chargesheet. The prosecution, meanwhile, argued that mental insanity that was being claimed by the accused person is different from legal insanity and allegations against him have to be taken at face value if it is the latter.
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