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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
PRAVIN S. PATIL, ANIL S. KILOR
State of Maharashtra – Appellant
Versus
Guddu Chhotelal Rajak – Respondent
| Table of Content |
|---|
| 1. court proceedings for death penalty confirmation. (Para 1 , 2 , 3) |
| 2. confirmation of capital punishment and its standards. (Para 4 , 17 , 22) |
| 3. details of the investigation and filed charges. (Para 5 , 6 , 8) |
| 4. witness testimonies and evidence collection procedures. (Para 9 , 10 , 11) |
| 5. arguments related to the sufficiency of evidence. (Para 19 , 20 , 21) |
| 6. court analysis of evidence regarding culpability. (Para 30 , 32 , 33) |
| 7. assessment of the death penalty appropriateness. (Para 119 , 128 , 129) |
JUDGMENT :
(Per : Anil S. Kilor, J)
1. Heard.
2. In the Crime No.634 of 2022 registered for the offences punishable under Sections 302 , 307, 323, 182, 193, 194, 196, 203, 120- B of the Indian Penal Code (hereinafter referred to as “IPC”) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as “the POCSO Act, 2012”) and under Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 , on filing of the charge-sheet, the trial was conducted and the accused herein Guddu Chhotelal Rajak has been convicted by the Special Court (POCSO) and District Judge-3 and Additional Sessions Judge, Nagpur vide order dated 2
The court found that the accused intentionally caused his daughter's death while attempting to fabricate evidence to frame others, reaffirming principles regarding the evaluation of child witness tes....
The competence of child witnesses, scrutiny of hostile witnesses' testimony, and the significance of corroborative evidence and the presumption under Section 29 of the POCSO Act are central legal pri....
The prosecution must establish charges beyond reasonable doubt, including the minor status of the victim, which it failed to do, leading to the acquittal of the accused.
Point of Law – Kidnapping and abduction – Conviction - victim, who is found to be an unreliable witness - appellant is entitled for benefit of doubt
Point of Law : Evidence suggesting that the accused was seen in the company of the deceased on the date of occurrence can at best raise grave suspicion about his involvement but the same.
The presumption of guilt under Section 29 of the POCSO Act is not absolute and requires the prosecution to establish foundational facts before the burden shifts to the accused to rebut the presumptio....
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