Saturday, 31 December 2016

How to appreciate evidence of minor girl victim of sexual offence?

At this stage, it needs to be kept in mind that
the law regarding appreciation of evidence in   cases of
sexual offences and particularly in respect of minor girl
is   set   out   by   catena   of   judgments   of   the   Honourable
Supreme Court.  It is well settled that the Court should

examine   broader   probabilities   of   the   case   and   not   get

swayed   by   minor   contractions   or   insignificant
discrepancies   in   evidence   of   witnesses.     It   is   well
settled   that   if   evidence   of   prosecutrix   inspires
confidence   then   it   can   be   relied   upon   without   seeking
further corroboration  to  her  statement  and  if  for  some
reason   the   court   finds   it   difficult   to   place   implicit
reliance   on   such   testimony   of   the   prosecutrix,   it   may
look at other evidence.   The very nature of offence in
such   cases,   makes   it   difficult   to   get   direct
corroborative evidence.  The victim of sexual offence is
at a higher pedestal than  the injured witnesses because
she is subjected to   physical, psychological as well as
emotional injury.     Such offence is a crime against the
entire   society   and   it   violates   the   victim's   most
cherished fundamental right i.e. right to life contained
in   Article   21   of   the   Constitution   of   India,   1950.     As
such, it needs to be kept in mind that the trial court is
required to be alive to its responsibility and has to be
sensitive while dealing with the cases involving sexual
molestation and, particularly, that of a minor girl.
                     BENCH AT AURANGABAD      
                CRIMINIAL APPLICATION NO.4735/2012
Prakash @ Jaywant Vasudeo Wankhede,

The State of Maharashtra.
   A.M. BADAR, JJ.

Dated : 13.01.2015
Citation: 2016 ALLMR(CRI)4564
Read full judgment here; Click here
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