STATE, THROUGH POLICE INSPECTOR Vs. CHANDRAKANT @ CHANDRU JAISWAR
LAWS(BOM)-2020-8-108
HIGH COURT OF BOMBAY
Decided on August 04,2020

State, Through Police Inspector Appellant
VERSUS
Chandrakant @ Chandru Jaiswar Respondents

JUDGEMENT

M.S. Jawalkar, J. - (1.) Heard the learned Public Prosecutor, Mr. S.R. Rivankar for the appellant and the learned Counsel, Mr. Vibhav R. Amonkar for the respondent.
(2.) The present Appeal is preferred by the State against the order of acquittal vide impugned judgment dated 28.01.2019 by the Children's Court, Panaji, Goa in Special Case No. 03/2017.
(3.) The present Appeal is preferred mainly on the ground that the learned Children's Court has erred in disbelieving the evidence of PW-1 i.e. the victim, whose evidence is not shaken in cross examination. It is contended that being a child victim, his testimony becomes material, unless it is shown that he is either tutored or that he has deposed falsely. It is also submitted that the learned Children's Court has disbelieved the testimony of PW-2, complainant (mother of the victim), mainly on the ground that she was doing the business of prostitution. It is further submitted by the learned Public Prosecutor that PW-3 and PW-4, who are the NGOs have taken up the issue upon information given by the victim on 11.11.2016. Upon which, the complaint was filed by the mother. It is submitted that the Children's Court wrongly arrived at a conclusion that there was delay in lodging the complaint. In fact, the delay in lodging the same was well explained. It is submitted that the learned Children's Court gave undue credence to the defence witnesses. It is submitted that the learned Children's Court has not properly appreciated the medical evidence on record.;


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