Bombay HC :Judgment writing tip : How trial court should appreciate evidence while deciding criminal cases?

 The trial Courts are required to decide this issue every now and then. So I deem it fit to lay down certain guidelines about approach of the Court, while dealing with this issue. {Para 94}

• Guidelines

95. If victim has not supported, then first ascertain :-

a) if she has not at all supported or

b) partly supported,

c) If partly supported then find out:-

(i) facts supported and more importantly the evidentiary value.

d) Find out corroborative materials.

e) then assess, its evidentiary value,

f) then consider together, the portion supported plus the corroborative materials.

g) then come to conclusion about the guilt.

h) The presumption can be resorted only when foundational facts are proved and not otherwise.

 IN THE HIGH COURT OF BOMBAY

Criminal Appeal No. 990 of 2019

Decided On: 09.05.2024

Deelip Tatoba Raje Vs. The State of Maharashtra and Ors.

Hon'ble Judges/Coram:

S.M. Modak, J.

Citation: MANU/MH/3173/2024.

Read full Judgment here: Click here.