I. The Illustration: A Trial Judge’s Dilemma
A Sessions Court is trying a rape case. The prosecutrix is repeatedly described as “mentally retarded” in the charge‑sheet and during trial. The label rests on two slender threads:
A one‑line remark by a doctor in the medico‑legal certificate that she is a “mentally retarded girl”.
A similar one‑line assertion by her mother in the witness‑box.
There is no psychiatric evaluation, no IQ assessment, no description of the degree of intellectual disability, and no medical board report.
