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[POCSO] 14-year-old’s father, uncle accused of raping her acquitted; Court says girl influenced by mother

The Court noted that the evidence made it amply clear that the survivor’s parents quarreled frequently. However, the child denied any quarrels between them having taken place.

“The victim is denying about quarrels between her father and mother shows that the victim is not truthful. Her evidence is therefore to be scrutinized keeping in mind that, she has falsely denied about strained relation, quarrelsome relation between her father and mother. This child is not fully reliable, she deviates from truth, is observed,” the judgment stated.

The Court, therefore, opined that since the survivor had deviated from the truth in her statement, her evidence needed to be scrutinised with caution.

“The victim has falsely denied that her parents did not always quarrel. This shows that the prosecutrix is concealing true facts and is not reliable at the outset. She is not speaking truth can be easily gathered as her deposition contradicts the deposition of her mother on material aspect of strained relations,” the judge observed.

Source: Barandbench

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