prosecutrix testimony Archives

Bombay HC suspends sentence in teacher-student POCSO case over material contradictions and lack of electronic evidence

Material contradictions, significant omissions, and the complete absence of the alleged photographs, videos, messages, and call records persuades the Bombay High Court to suspend the sentence in a POCSO conviction, holding that the prosecution case raised serious issues requiring appellate scrutiny and that the evidence disclosed chances of acquittal pending appeal.

Case Briefs High Courts

Unreliable DNA, Doubtful Victim Testimony, Contradictions, Delay, No TIP: Bombay HC Acquits Rape Accused as Investigation Lapses Pile Up

The Bombay High Court noted that since the FIR was registered under Section 376 IPC without prima facie examination of the allegations and given the unexplained delay and contradictions in the victim’s statements, the prosecution case lacked legal foundation and the conviction was liable to be set aside.