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Minor Sexual Assault Victim's Inability To Describe Sexual Act Is No Ground To Discard Her Testimony: Bombay High Court Reverses Acquittal
['Narsi Benwal', 'Narsi Benwal Is A Special Correspondent With Live Law Covering Bombay High Court', 'Also The Trial Courts Across Maharashtra']
Supreme Court - High Court - Legal Breaking News | Live Law India
The Bombay High Court recently held that a minor rape victim's testimony cannot be discarded just because she could not properly describe the sexual act to which she was subjected to.
A child victim of sexual assault is often traumatized and unable to state the details of the sexual act.
But the High Court bench, which was considering an appeal filed by the State, reversed the findings of the trial court and convicted the accused for kidnaping and rape.
"We are of the considered view that the findings of the Trial Court reflect a complete misreading of the evidence on record.
The Trial Court has failed to appreciate the credibility and trustworthiness of the victim's testimony and has given undue importance to minor discrepancies which are not fatal to the prosecution case.