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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SARANG V.KOTWAL, SANDESH D.PATIL
Rahul Ravindra Barai – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. consolidated appeals against joint convictions. (Para 1 , 2 , 3 , 4 , 5) |
| 2. abduction, gang rape, murder, body disposal. (Para 6) |
| 3. prosecution witnesses and total denial defence. (Para 7 , 8 , 9 , 10) |
| 4. body and sim discovery initiates probe. (Para 11 , 12 , 14) |
| 5. arrests and discovery-based recoveries. (Para 13 , 15 , 39 , 40) |
| 6. forensic, medical confirm assault, strangulation. (Para 16 , 17 , 21) |
| 7. basic facts of murder proved. (Para 22) |
| 8. accused 3 induced victim from home. (Para 23 , 24 , 25) |
| 9. victim disclosed rapes to confidant. (Para 26) |
| 10. accused occupied flat with victim. (Para 27 , 28) |
| 11. bag purchase receipt links accused. (Para 29) |
| 12. drivers confirm bag transport to pune. (Para 30 , 31 , 32 , 33 , 34) |
| 13. cctv corroborates accused movements. (Para 35 , 36 , 37) |
| 14. test identification parade identifications reliable. (Para 38) |
| 15. cdr links phones to locations. (Para 41) |
| 16. arguments on circumstantial evidence sufficiency. (Para 44 , 45 , 46 , 47) |
| 17. victim confinement by accused established. (Para 48 , 49 , 50 , 51 , 52) |
| 18. statements admissible under evidence act section 32(1). (Para 53 , 54 , 55) |
| 19. matching ropes prove involvement. (Para 56 , 57) |
| 20 |
Victim's statements detailing assaults admissible under Evidence Act s.32(1) as circumstances of death in circumstantial gang rape-murder case; complete chain via forensic, CDR, identifications prove....
Sentence - Kidnapping and abduction - Sentence cannot be reduced as Manner of commission of offence was cruel.
Credibility of victim testimony in sexual assault cases is paramount; delays and minor discrepancies in reporting do not invalidate the prosecution's case when strong corroborative evidence exists.
(1) Section 34 IPC and 115 IPC would not go hand in hand.(2) Evidence is raw material which Judge or Adjudicator uses to reach a finding of fact – Courts can record order of conviction even in a case....
Conviction for gang rape can be upheld solely based on the victim's reliable testimony, corroborated by medical evidence, regardless of inconsistencies or lack of immediate identification of the accu....
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