Dowry Death -- Child Witnesses Examined Without Compliance With Section 118 Evidence Act -- Inquest Report Omits Names of Accused -- Acquittal
Where child witnesses are examined without recording preliminary questions or judicial satisfaction under Section 118 of the Evidence Act, their testimony becomes only partly reliable. Conviction under Sections 302/34 and 498A/34 IPC is unsustainable where prosecution evidence suffers material contradictions, inquest report omits names of accused, and investigative lapses including non-examination of treating doctors and non-seizure of hospital records undermine the foundational case. Statutory presumption under Section 304B IPC is inapplicable where victim lived separately for over thirteen years.
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