Case Law Analysis
|Madhya Pradesh High Court
BNS Section 64 | Bail Granted Pending Appeal When Prosecutrix’s Testimony Is Contradictory and Corroborative Evidence Lacking : MP HC Jabalpur
The Madhya Pradesh High Court granted bail to a convicted appellant under BNS Section 64, finding the prosecutrix’s testimony riddled with material contradictions and no independent corroboration for the sexual assault allegation. The absence of DNA evidence, combined with the prosecution’s failure to examine key witnesses, rendered the case circumstantial and insufficient to justify continued incarceration pending appeal. This reinforces that weak, uncorroborated testimony alone cannot sustain custody in sexual offence cases.