Recently, the Bombay High Court held that failure to examine the victim in a case of sexual assault, coupled with the omission to examine the police officer who recorded her statement, fatally undermines the prosecution's case and results in denial of a fair trial to the accused. The High Court further observed that such lapses strike at the root of the prosecution's case and violate the constitutional guarantee of a fair trial under Article 21. The division Bench of Justice Suman Shyam and Justice Shyam C. Chandak observed while hearing an appeal filed by Deepak Babasaheb Gaikwad, who had been convicted under Sections 376(2)(f), 377 and 363 of the Indian Penal Code. Gaikwad, the appellant, argued that neither the victim nor the investigating officer who recorded her statement was called as a witness by the prosecution. In the end, the High Court set aside the conviction of the appellant under Sections 376(2)(f) and 377 of the IPC while affirming his conviction under Section 363 of the IPC. ‘Merely Aadhaar, PAN, Voter ID Not Sufficient Proof of Citizenship’: Bombay High Court Rejects Bail Application of Man Alleged To Be Bangladeshi National.

Such Lapses Violate the Constitutional Guarantee of a Fair Trial Under Article 21

Women and Child Helpline Numbers:

Childline India – 1098; Missing Child and Women – 1094; Women’s Helpline – 181; National Commission for Women Helpline – 112; National Commission for Women Helpline Against Violence – 7827170170; Police Women and Senior Citizen Helpline – 1091/1291.

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