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2018 Supreme(Bom) 2288

C.V.BHADANG
Deepak Naik, Indian National – Appellant
Versus
State – Respondent


Advocates Appeared:
Arun De Sa, Adv., Siddesh Shet, Adv., S.R. Rivankar, Adv.

JUDGMENT

C.V. Bhadang, J -Rule made returnable forthwith. The learned Public Prosecutor waives service on behalf of the respondent. Heard finally by consent of parties.

2. The petitioner, who is the accused before the learned Children''s Court in Special Case No. 126/2017, is challenging the order dated 10.04.2018, by which, the learned Children''s Court, has exhibited a document styled as "suicide note", of the victim at Exhibit-C/14. The learned Children''s Court has observed that the said document cannot be termed as a "dying declaration", in as much as, PW-1 has survived. According to the learned Magistrate, the said document can be considered as the previous statement of PW-1 and the same is taken on record, subject to the admissibility of the contents. The learned Children''s Court has also observed that there is no bar on cross examination of PW-1, by the accused, on the contents of the said note, in as much as, the admissibility of contents of the said note, is subject to cross examination of PW-1. To this extent, the petitioner is not aggrieved by the impugned order.

    However, in the subsequent part of the impugned order, the learned Children''s Court has noted that it is no

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