Deposition Of Child Witness ‘Tutored’: Bombay High Court Acquits Accused In POCSO Case

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Deposition Of Child Witness ‘Tutored’

Case: Janaradhan Pandurang Kapse v. State of Maharashtra

Coram: Anuja Prabhudessai, J

Case No: Appeal No. 838 Of 2019

Court Observation: “It is well known that a child witness, by reason of his/her tender age is a pliable witness. He/she is amenable to tutoring and inducement and is often prone to telling imaginative and exaggerated stories. Hence the evidence of a child witness needs to be scrutinized with extreme care and caution.”

“She (the victim) has admitted in her cross-examination that her parents were present at the time of recording her statement under Section 164 of Cr. P.C… She has stated that her parents had told her how to give the statement. She has further stated that she was questioned by the police about the incident and that her mother had given the answers, which were taken down in writing. She has admitted that her parents had told her how to depose before the Court,”

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