Failure of Investigating Officer to Note Victim's Intellectual Disability Not Fatal if Victim is Competent to Testify in Rape Case: Kerala High Court

The Kerala High Court delivered an important judgment clarifying the legal position regarding the testimony of victims who have intellectual or mental disabilities. Justice A Badharudeen held that the failure of an investigating officer to identify or record the intellectual disability of a victim during investigation does not automatically invalidate the prosecution case. The Court emphasized that the crucial factor is whether the victim is capable of understanding questions and…