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Facts: testimony of sole eye witness, a girl aged 4 years at the time of the incident and 6
years at the time of her deposition before trial Court, that appellant inflicted fatal knife blows
on the deceased, held on the facts, truthful, was corroborated in material particulars and had
Held: Courts were justified in convicting the appellant under section 302 of IPC on the basis
Verdict: Under the circumstances of the case and relying upon the testimony of this child
witness which is found to be not suffering from any infirmity and is corroborated in all
material particulars, the judgement of the trial court and the High Court have to be upheld
Case name: Dattu Ram Rao Sakhare v. State of Maharasthra
Facts: Testimony can be a basis of conviction. The daughter of the deceased aged 10 years.
Her testimony can be relied on even without oath if she understood the questions and gave
Charge:
Held: a child witness if found to be competent to depose to the facts and reliable on such
evidence could be the basis of conviction. Even in the absence of the oath the evidence of the
child witness can be considered under sec 118 of the Evidence Act.
3.
Facts: Murder of four persons of a family by four assailants which included two ladies
Held: The law is that the evidence of the child witness must be evaluated more carefully and
with greater circumspection because a child is susceptible to be swayed by what others say
Verdict: Court laid down that the evidence of a child witness must find adequate
corroboration before it is relied on. It is more a rule of practical wisdom than of law.
4.
Facts: Respondent faced trial for alleged commission of offence punishable under Section
under Section 302 of the Indian Penal Code, 1860 (in short the 'IPC') and sentence of
Held: The law is that the evidence of the child witness must be evaluated more carefully and
with greater circumspection because a child is susceptible to be swayed by what others say
Verdict: The evidence of the child and other evidence had been examined carefully and it had
been found that the reasons given by the HC for rejecting the said evidence was wholly
unconvincing. The judgement of the trial Court was restored and that of HC was set aside.
5.
Facts: This case is based on circumstantial evidence. Accused allegedly winning confidence
of the deceased girl prior to the incident. The accused was seen playing badminton with the
deceased and later on the night of the crime the accused carried the deceased on his bicycle.
Held: For the appreciation of the evidence of a child witness, certain principles have been
evolved. Corroboration of the testimony of the child witness is not a rule but a measure of
caution and prudence. However, as a rule of prudence the Court insists that it is desirable to
have corroboration from other dependable evidence. Also, the prosecution relied heavily on
Verdict: The circumstances highlighted by the trial Court and analyzed in detail by the HC
unerringly point the accused as the author of the crime. So far as the last seen aspect is
concerned it has categorically state that the deceased was seen with the company of the
6.
Facts: The appellant accused allegedly cuts the throats of his children with a blade, in the
house of his in laws, where he was staying for treatment. The incident was allegedly
Held: The prosecution had suppressed the genesis of the case. The incident does not appear to
have happened in the manner in which the prosecution want the Court to believe it had
happened.
Verdict: Testimony of the child witness is not reliable. Evidence of other prosecution
witnesses not corroborating evidence of the child witness. Too many lacunae in the
Facts: A child of tender age was stated to have witnessed a ghastly occurrence where two
elderly people lost their lives because of murderous assaults by the appellant. The witness
informed her father that the two deceased persons were being assaulted by a wooden stick by
the appellant.
Held: The decision on the question whether the child witness has sufficient intelligence
primarily rests with the trial judge who notices his manners, his apparent possession or lack
of intelligence and the said judge may resort to any examination which will tend to disclose
Verdict: Mere fact that the child was asked to say about the occurrence and as to what she
8.
Facts: Murder of five members of a family. The prosecution case was based on the child
she might not have remembered all the names and her presence at the spot is immaterial. The
prosecution relied upon the evidence of child should be examined cautiously and courts
Verdict: The conviction and sentences awarded to the appellant and Shyam lal were set aside
and both of them were set free. The prosecution evidence was not sufficient and therefore
Facts: The accused entered the room and declared that he would kill the deceased and
whipped out a knife and gave three successive blows with the knife. The doctor pronounced
her dead. The witness was in that small room when the incident took place.
Held: The learned counsel however submitted that there was every possibility of tutoring the
child witness. Whether there has been any tutoring or not has to be considered from the point
of the view of the nature of evidence given by the child witness and surrounding
circumstances.
Verdict: The evidences of all the witness including the child witness fully establishes the guilt
of the accused.
11.
Case name: State of UP v. Ashok Dixit
Facts: Two accused entered the deceased house and killed him. The witness claims to identify
Held: Testimony of the child witness should be carefully evaluated and should find
12.
Facts: Husband charged with the murder of his wife by hanging. The entire case was hinging
Held: In the absence of reliable evidence which would show that they had such knowledge. A
Verdict: Both the appeals are allowed. The order of the conviction and sentence passed
against them should be set aside. They will be set at liberty at once unless required in any
other case.
14.
Testimony: