crc.lawiq.in

High Court of Bombay

Imran Shabbir Gauri Vs. State of Maharashtra

[2021 SCC OnLine Bom 511]

Ratio Decidendi

The court held that the concerned authorities of the State Government or Central Government will take some initiative in incorporating certain amendments under relevant laws so as to give status to Section 164 statement as that of examination-in-chief in all eventualities. The trauma that a victim has to undergo, after the incident does not stop there and when it comes to facing the real life issues, there may be occasion where the victim might take a u-turn but at the same time the court has to recognize the accepted principles of appreciation of evidence in the zeal of protecting the interest of the victim.

Case Notes

Facts

A child survivor was sexually assaulted by her father and the Trial Court convicted the appellant for the offence of section 323, 376(2)(i), 506 IPC, section 67-B of The Information Technology Act, 2000 and under section 4 POCSO. The correctness of the said judgment is challenged on behalf of the appellant arguing denial of the offences on the basis that the child survivor was the sole witness. The court was required to, among other issues, evaluate the evidentiary value of a statement of victim recorded by a learned Magistrate under section 164 of Cr.P.C. was particularly when the victim did not support the prosecution.

Judgment

A child survivor was sexually assaulted by her father and the Trial Court convicted the appellant for the offence of section 323, 376(2)(i), 506 IPC, section 67-B of The Information Technology Act, 2000 and under section 4 POCSO. The correctness of the said judgment is challenged on behalf of the appellant arguing denial of the offences on the basis that the child survivor was the sole witness. The court was required to, among other issues, evaluate the evidentiary value of a statement of victim recorded by a learned Magistrate under section 164 of Cr.P.C. was particularly when the victim did not support the prosecution.