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1–3 of 3 cases
  1. High Court of Bombay Criminal Appeal No. 99 of 2016 [2022 (4) Bom CR (Cri) 182]

    Vitthal Rajendra Jogade v. State of Maharashtra

    Ratio

    Absence of any injuries on the person of the child survivor might not by itself discredit the statement of the child survivor and in such a situation the non-production of a medical report would not be of much consequence if the other evidence was believable. Corroboration is not the sine qua non for a conviction…

    Pincites

    Para 12; Page 4

  2. High Court of Bombay [2021 SCC OnLine Bom 511]

    Imran Shabbir Gauri Vs. State of Maharashtra

    Ratio

    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…

    Pincites

    Para 48; Page 13, 14

  3. High Court of Gauhati Crl. Appeal (J) 87/2017 [MANU/GH/0220/2020]

    Bhupen Kalita v. State of Assam

    Ratio

    For the applicability of Section 29, the prosecution is required to establish foundational facts on the standard of preponderance of probability and not beyond reasonable doubt. Once prosecution has been able to establish foundational facts based on preponderance of probability then by legal presumption under Section 29 of Act it could be said that prosecution…

    Pincites

    Para 63, 66, 123; Page 24, 28, 29, 52