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.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINIAL APPLICATION NO.4735/2012
IN CRIMINAL APPEAL NO.117/2012
Prakash @ Jaywant Vasudeo Wankhede,
V
The State of Maharashtra.
The State of Maharashtra.
CORAM: S.S. SHINDE &
A.M. BADAR, JJ.
A.M. BADAR, JJ.
Dated : 13.01.2015
Citation: 2016 ALLMR(CRI)4564
Citation: 2016 ALLMR(CRI)4564
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