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KULDEEP MATHUR
Vishnu Kumar – Appellant
Versus
State of Rajasthan, Through PP – Respondent
ORDER
1. The present bail applications have been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with F.I.R. No.78/2022, registered at Police Station Pratapnagar, District Bhilwara, for the offences punishable under Sections 376(2)(L) IPC and Section 5(J)(2)/6, 5(K)(G)/6 of the POCSO Act.
2. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.
3. As per prosecution, the prosecutrix who is deaf and dumb was subjected to sexual assault- rape by the present petitioners at Mataji ka Kheda in the early morning near a pond. The police after investigation arrested the petitioners in connection with the alleged crime and filed charge sheet against them for offences under Section 376(2)(L) IPC and Section 5(J)(2)/6, 5(K)(G)/6 of the POCSO Act.
4. Learned counsel for the petitioners vehemently submitted that the statement of the prosecutrix (P.W.7) has been recorded before competent criminal court on 20.07.2022, in utter disregard of provisions contained in Section 119 of the Indian Evidence Act. Learned counsel for the petitioners submitted that since, the statement of prosecutrix (P.W.7) has been rec
The court established that proper procedures must be followed when recording statements of witnesses unable to communicate verbally, including the use of qualified interpreters and videography.
A trial must adhere to specific protocols when dealing with vulnerable witnesses, such as deaf and dumb individuals, ensuring competent interpretation and proper recording to uphold justice.
Conviction cannot be recorded on the basis of shaky evidence.
The prosecution failed to prove its case beyond reasonable doubt, leading to the acquittal of the appellant in a rape case involving a mentally weak victim.
The testimony of a victim, particularly a minor or disabled, can substantiate a conviction in sexual assault cases without needing corroboration, provided it is credible and consistent.
Sexual assault - Bail granted - Statement of prosecutirx was recorded wherein she had clearly stated that applicant did not do anything wrong with her - Nature of allegations, arguments advanced by l....
Mandatory compliance with Section 164(5A) Cr.P.C. is required for recording statements of mentally disabled individuals; failure to follow this procedure renders the statement inadmissible as examina....
Point of law: Imposition of maximum punishment – Rape case - victim, a deaf and dumb girl was subjected to sexual assault by way of outraging her modesty by the accused taking advantage of her disabi....
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