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May 5, 2011

Dhan Bahadur @ Raju Vs State Of NCT Of Delhi on 25 February, 2011

Hon’ble Court observed as under
'it is clear that prosecutrix was not a normal child and was suffering from mild mental retardation and was not in a position to communicate properly. For this reason, non-examination of prosecutrix in court will not be fatal in this case....

it cannot be expected that witness will absorb all the details and reproduce it in the testimony. In State v. Saravanan and Anr. AIR 2009 SC 152, Supreme Court has held that while appreciating the evidence of a witness, minor discrepancies on trivial matters without affecting the core of the prosecution case, ought not to prompt the court to reject evidence in its entirety. '

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