Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ---S. 341---Procedure where accused does not understand proceedings---Pre-requisite---Trial Court before proceeding with the trial of such accused is under an obligation to record a finding that the accused being deaf and dumb could not be made to understand the proceedings and to forward the record to High Court after his conviction with a report of the circumstances of the case. State v. Pervez Iqbal 1984 PCr.LJ 748; Allah Dia v. Emperor (AIR 1929 Lah. 840); Emperor v. Ganga (AIR 1930 Lah. 64); Isso v. Emperor (AIR 1943 Sind 237); Peetha's case (AIR 1959 Kerala 165) and State v. Mookamma Yellamma and another (AIR 1964 Mys. 182) ref. (b) Criminal Procedure Code (V of 1898)--- ---S. 341---Procedure where accused does not understand proceedings---Essentials---Sessions Court while forwarding the case to High Court under S.341, Cr.P.C. should also record a finding as to whether the accused, though deaf and mute, had sufficient intelligence of knowing that what he was doing was wrong and contrary to law. Alam Khan v. The State (PLD 1964 SC 801) ref. (c) Criminal Procedure Code (V of 1898)--- ---S. 361---Interpretation of evidence to accused or his pleader---Object---Whenever an evidence is given in a language not understood by the accused who is present. in person, it shall be interpreted to him in open Court in a language understood by him---Section 361, Cr.P.C. is a mandatory provision object of which is that the accused should be in a position to know personally the allegations and incriminating circumstances appearing against him so that he may defend himself effectively. The State v. Noor Muhammad 1984 PCr.LJ 1948 ref. (d) Criminal Procedure Code (V of 1898)--- ----S. 341---Procedure where accused does not understand proceedings---Reference to High Court---Scope---Reference under S.341, Cr.P.C. can only be made if the Trial Court finds that the accused cannot be made to understand the proceedings---Where no effort to make the accused understand the proceedings has been made, the question of such efforts having failed did not arise and a reference under S.341, Cr.P.C. is out of place. The State v. Muhammad Masaddar PLD…

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