Bombay High Court
Jibhau Vishnu Wagh
Versus
State of Maharashtra
Decided On:

Headnote:Section 3-Evidence-Appreciation of-Minor child-Testimony of Failure to hold preliminary examination of child witness for ascertaining his level of understanding not Introduce a fatal infirmity in evidence.

       Section 313-Evidence Act, 1872, Section 114-Accused-Examination of-Rape charge on-Replies evasive and no explanation given regarding penis Injury and human blood on pant-One can draw adverse Inference against accused.

       An evasive answer by accused in his statement under Section 313 of Cr. P.C. is also a circumstance which can go against him in a criminal case. There should have been some explanation from the side of the appellant as to how he got the injury of his penis and human blood on his pant. The failure on his part to offer the same is also a circumstance, which goes against him.

       For Citation : 1996 Cr LJ 803 (Bom)