*Thoughts please? How will cases like these be interpreted in the new laws / policies?* * * articles.timesofindia.indiatimes.com http://articles.timesofindia.indiatimes.com/2011-11-02/delhi/30350077_1_mental-age-ibhas-sessions-judge Mentally-impaired man acquitted of rape charge
TNN Nov 2, 2011, 04.02AM IST NEW DELHI: A trial court has discharged a man facing trial for attempting to rape a minor after it found him to be mentally challenged with a mental age of a five-year-old child. While discharging Trilokpuri resident Sattar Ali, additional sessions judge Sanjay Sharma said: "It is clear from the opinion of the medical board (of IHBAS) as well as the disability certificate of the accused that as on the date of the alleged incident, he was suffering from severe mental retardation (and) was unable to understand the nature of the alleged act or its implications." The court said the case fell under Section 82 of the IPC under which nothing is an offence if done by a child under seven years of age. Ali was arrested for trying to rape an eight-year-old girl in March this year. "It is also to be borne in mind that the doctors of the board at IBHAS have opined his (Ali) mental age to be between 5-7 years and by virtue of that fact as well, his case falls under general exceptions provided under Section 82 of the IPC," the judge said. Citing a doctor's deposition and medical reports, the judge said the fact was that Ali had an unsound mind, suffering from severe mental retardation and had been declared having 90% mental impairment. --------------------------------------- *VAISHNAVI JAYAKUMAR* http://about.me/vjayakumar -- You received this message because you are subscribed to the Google Groups "Mental Health Advocacy (News 'N Views) India" group. To post to this group, send email to [email protected] To unsubscribe from this group, send email to [email protected] For more options, visit this group at http://groups.google.com/group/MhaNewsViewsIndia?hl=en ------------- Affiliated Groups : MENTAL HEALTH ADVOCACY INDIA [email protected] Discussions on mental health law / policy / plan monitoring / human rights etc [email protected] India-specific news and views related to mental health [email protected] Information and support to carers of people with mental health issues [email protected] Mutual support and sharing of experiential knowledge, skills and social learning amongst peers
