JIWAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction passed by the Additional Sessions Judge, Bhusawal dtd. 4/10/2014 in Session Case No. 69 of 2014.

(2.) The prosecution case in brief is as follows:

(3.) Learned counsel for the appellant-accused submits that as per the prosecution story, three girls namely, Kajal, Nikita and Nayana had been to the Rangaon-Raipur road for answering nature's call. However, the prosecution has examined only PW 4 Kajal. PW 4 Kajal is a child witness. The prosecution has not examined any independent witness. Admittedly, PW 4 Kajal and the other girl Nikita were not knowing the accused. They have simply given information regarding stabbing to deceased Nayana by one person who came there on black motorcycle and nothing more than that. Even though the incident allegedly took place by the side of the road, however the prosecution has not examined any independent witness. Learned counsel submits that the evidence of the child witness is required to be appreciated and scrutinized very carefully. There is every possibility of tutoring the child witness in order to support the prosecution story.