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Bombay High Court Allows Father to Examine Minor Daughter as Witness in Divorce Case Despite Tutoring Concerns. The court held that the competency of a child witness must be assessed by the court through preliminary examination, not pre-judged based on custody or potential tutoring.

The petitioner, Rahul Ganpat Shedge, filed a divorce petition against his wife, Sheetal Rahul Shedge, on the ground of cruelty. During the trial, he s...

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Bombay High Court Acquits Accused in POCSO Case Due to Unreliable Child Witness and Lack of Identification. Conviction under Sections 9 and 10 of POCSO Act, 2012 and Section 354-A IPC set aside as child witness admitted tutoring by grandmother and failed to identify accused.

The appellant, Subhash Balkrushna Buradkar, was convicted by the Additional Sessions Judge, Chandrapur, in Sessions Case No. 2 of 2013 for offences un...

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Bombay High Court Acquits Appellant in Murder Case Due to Unreliable Child Witness and Lack of Corroboration. Conviction under Section 302 IPC for setting wife ablaze set aside as sole eyewitness testimony of minor daughter found tutored and inconsistent with medical evidence.

The appellant, Chandrashekhar Babarao Madavi, was convicted by the Sessions Judge, Wardha, for the murder of his wife Meena under Section 302 of the I...

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Bombay High Court Acquits Accused in POCSO Case Due to Unreliable Child Witnesses and Lack of Evidence of Sexual Assault. Conviction for Rape and Aggravated Penetrative Sexual Assault Set Aside as Prosecution Failed to Prove Penetration Beyond Reasonable Doubt.

The appellant, Bandu s/o Natthuji Raut, was convicted by the Special Judge, Yavatmal, for offences under Sections 451, 376(2)(i)(j)(1) of the Indian P...

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Supreme Court Dismisses State Appeal Against Acquittal in Murder Case Based on Circumstantial Evidence and Tutored Child Witness. High Court's Reversal of Conviction Upheld as Prosecution Failed to Prove Foundational Facts for Section 106 of Indian Evidence Act, 1872.

The State of Madhya Pradesh appealed against the acquittal of the respondent-accused, Balveer Singh, who was originally convicted by the trial court f...

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Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Dying Declarations and Unreliable Child Witness. Conviction under Section 302 IPC set aside as dying declarations were contradictory and daughter's testimony was tutored.

The appellant, Bapu Bajarang Patil, was convicted by the Additional Sessions Judge, Dhule for the murder of his wife Ratnabai under Section 302 IPC an...

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Bombay High Court Dismisses Appeal Against Conviction Under Section 302 IPC, Upholds Life Imprisonment. Child Witness Testimony and Seizure of Axe Under Section 27 Evidence Act Formed Reliable Basis for Conviction.

The present appeal arose from a judgment and order dated 30.10.2009 passed by the Additional Sessions Judge, Dhule in Sessions Case No.15 of 2009, con...

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Bombay High Court Acquits Teacher in POCSO Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Sections 10 and 12 of POCSO Act and Section 354-A IPC set aside as victim's testimony was not reliable and other witnesses turned hostile.

The appellant, Swadhinchandra Hariramji Zade, a teacher, was convicted by the Additional Sessions Judge, Amravati in Sessions Trial No.295/2016 for of...