Bombay HC acquits man of rape charges, saying that five-year-old is prone to telling imaginative stories
The Hindu
Justice Anuja Prabhudessai was hearing an appeal in a 2019 case
The Bombay High Court has acquitted a man of charges of raping and sexually assaulting a five-year-old. It said, “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.” Justice Anuja Prabhudessai was hearing a criminal appeal filed by Janardan Kapse through advocate Ravindra Chalke. He is challenging an order by the Sessions Court at Thane in 2019 of convicting him under Section 376 - punishment for rape) and 354 (A) (1) (i) - physical contact and advances involving unwelcome and explicit sexual overtures of the Indian Penal Code and 4 (punishment for penetrative sexual assault) and of 8 (punishment for sexual assault) of the Protection of Children from Sexual Offences.
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