Sexual Offence--Differently-Abled Victim--Inability to Name Accused Cannot Override Medical and Forensic Evidence to Discard Testimony of a Victim With Intellectual Disability
Testimony of a differently-abled victim in a sexual offence case cannot be discarded solely because she is unable to clearly communicate or explicitly identify the accused. Courts must focus on the substance of what is conveyed rather than the manner of expression. Undue weight cannot be given to the "silences" of such victims, as doing so risks suppressing truth and causing miscarriage of justice. Where medical and forensic evidence corroborates the victim's account, failure to name the perpetrator is not a ground to discard the prosecution version. Testimony of a prosecutrix with disability is entitled to full legal weight as long as it inspires judicial confidence.
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