154
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B
C
SUPREME COURT REPORTS
[2023] 8 S.C.R.
understand the case of the prosecution against him. Inability to
do so, by virtue of a language barrier causes prejudice to the
case of the appellant. There is nothing on record to show that it
was not practicable to record evidence of the appellant as well as
others, whose vernacular was not Marathi, but Hindi. The original
testimony, from which the text, tenor and true import of their
testimony may be gauged, is not part of the record. Therefore, it
is apparent that statutory safeguards in reference to language
have not been complied with, causing prejudice to the appellant
in terms of Syed Qasim Rizvi. [Para 45][168-F-H; 169-A]
Syed Qasim Razvi v. State of Hyderabad 1953 SCR 589
– followed.
Siju Kurian v. State of Karnataka 2023 SCC OnLine
429 – distinguished.
D
E
F
G
H
1.2 No blood of the appellant was found on any one of the
articles recovered by the police. Only stains of semen were found
on the nicker (brown) belonging to the prosecutrix and her vaginal
swabs. Samples of the blood and semen of the appellant were
sent for forensic analysis. Importantly though, there is nothing
on record to establish as to who took such samples, on what date,
on how many occasions and why were they not sent all at once,
none of the police officials have testified to the formalities of
keeping the samples safe and secure being complied with. There
is only one document (Ext.79) on record, indicating the appellant
to have been medically examined. But even this document does
not reveal sample of the body part being drawn. In any event, the
doctor who conducted such examination, has not stepped into
the witness box to testify the correctness of the contents thereof.
Also the document itself is uninspiring confidence as this Court
notices certain interpolations therein and in a different hand.
Additionally, the document does not fall true to the statutory
requirements imposed under Section 53A Cr.P.C.Here, a child
of the tender age of six was assaulted brutally and killed. The
appellant was arrested on suspicion of having committed the
crime. The police proceeded in accordance therewith and were
supposed to have made discoveries as per the statements made
by the appellant in custody, then in what manner can it be said
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