statement of victim u/s164 CRPC
P.W.7 Rekha Umaji Ingle is also a child witness and she was declared hostile. In her examination-in-chief, she stated that she knows both the accused and also Prabhakar brother of Ashok. She saw crowd and went home. She did not see the accused persons beating Prabhakar. She admitted her signature on the paper shown to her and stated that Magistrate asked her about the incident, recorded her statement and then she
signed it. However, she denied the statement read over to her to have been stated before the Magistrate. In her cross-examination by A.P.P. , nothing material was elucidated to support the prosecution. She denied the statement recorded by the Magistrate to be correct. In her cross- examination on behalf of accused No.1 / appellant, she stated that Magistrate did not ask her if she was stating as per her own free will. He did not tell her that she was expected to telltruth on oath. She stated that she made statement before Magistrate as directed by police.
Bombay High Court
Ashok Bandu Kakade vs The State Of Maharashtra on 28 February, 2011
Bench: S. S. Shinde
