Fifteen years after the brutal crime, the Nagpur bench at the Mumbai High Court insisted on a conviction of a man who fatally beat his home partner in front of the children. However, the court reduced the sentence from 10 years to six years, citing the fact that he was released on bail for many years.
Judge GA SANAP also considered the age of the defendant at the time of the incident and said: “A sentence of six years in prison would be in line with the end of justice.”
However, the judge upheld the man’s belief based on the statement of the woman’s 12-year-old daughter, which the court called “credible and trustworthy.”
On the basis of her evidence, the occurrence of the incident and the appellant’s accomplice in the incident are undoubtedly. Indeed, it is easy for child witnesses to coach. On the day of the incident, the child was about 12 years old for review. A review of her evidence shows that she shows in the court’s narrative that the narrative of the incident is impossible for her entire process to not be dented in any way. ” said the bench.
About the case
The bench heard an appeal filed by Amravati resident Mahadeo Khandalkar, who was convicted in a 2007 homicide, and his home partner succumbed to 13 injuries he caused.
The case revolves around Archana’s death, who established a relationship with Khandalkar after his first marriage. According to the prosecution, on November 10, 2007, Khandalkar brutally attacked Archana with rolling pins and belts, doubting her infidelity. The incident happened at their residence in Amravati, where Archana lived with her two children from her marriage.
Khandalkar increased the number of TV and recorders while beating the woman, and even threatened the children, forcing them to sit on the couch and witness the incident. The assault results in serious injuries, including fatal head injuries.
The children told police that after the mother was in a coma, Khandalkar locked the door of the house from outside. Although mothers try to awaken her, their mothers raise their tones and cry when they don’t regain consciousness. Hearing their cry, the landlord’s daughter came, opened the door, and the police were called.
The trial court found Khandalkar guilty and sentenced him to 10 years in strict prison.
During the appeal, DS Dharaskar advocates who appeared for Khandalkar believed that the conviction was based on testimony from child witnesses who claimed it was unreliable due to so-called counseling. It is also believed that the injury may have been caused by an accident.
On the other hand, further prosecutor AG partner believes that it is impossible for child witnesses to provide vivid illustrations of such events purely from imagination or counseling. He argued that even under cross-examination, her statement remained consistent.
The partner further proposed that the daughter’s testimony was confirmed by other verbal and documentary evidence.
The judge agreed to prosecute and pointed out that the child’s statement was supported by medical evidence that confirmed multiple contusions and head injuries as the cause of death.
Khandalkar admitted to attending the meeting at the time of the incident, but claimed he had only taken two or three times because she hid a cell phone that received a call from another man he suspected of having an affair with.
After insisting on conviction and reducing the verdict, the court directed Khandalkar, who was on bail, to surrender to the Amravati’s conference court within 15 days to complete his remaining judgment.
