Evidence Act, 1872, Section 118 -- Testimony of child witness - Must be subjected to close scrutiny to rule out possibility of tutoring - If Court finds that child witness has sufficient intelligence and understanding of obligation of oath, it can be relied upon - Such evidence can be accepted, provided there is adequate corroboration to what witness has stated...........
Indian Penal Code, 1860, Section 364, 302, 201, Evidence Act, 1872, Section 118 -- Kidnapping and murder - Testimony of child witness - PW7 a child witness aged 8 years throughout remained consistent as to fact that deceased was last seen with accused whereas accused not came out with an explanation whatsoever as to what happened to deceased after he parted company with..........
Evidence Act, 1872, Section 118 -- Child Witness - Child witness is certainly entitled to some latitude in appreciating his statement - Statement of child witness has to be scrutinized carefully to find out whether it receives corroboration from other evidence or not...........
Evidence Act, 1872, Section 118, Indian Penal Code, 1860, Section 302 -- Murder by `Kulhari' - Child witness categorically stated that accused inflicted `kulhari' blow on the head of deceased and that she asked accused not to do so but accused threatened her to keep silence or else she would also be finished - Plea that testimony of child witness cannot be relied to..........
Evidence Act, 1872, Section 118, Indian Penal Code, 1860, Section 302 -- Child witness - Murder of wife by husband - PW6 an eye witness was 3-1/2 years old at the time of incident and approximately 4-5 years old at the time of recording of her statement - Statement of PW6 shows that she was not mature enough to understand all questions and implication of her replies -..........
Evidence Act, 1872, Section 61 -- Document - Proof of - Mother allegedly executed a document relinquishing her all claims in the property of her i, laws family as well as custody of her child - However, original of such document not produced on record, nor any attesting witness produced to prove the same - More so, mother did not receive something in lieu of relinquishment..........
Evidence Act, 1872, Section 118 -- Evidence of child witness - Dowry death - There is lack of consistency and coherence throughout the statement of PW3 - PW3, being a child is competent enough but due to lack of coherence, consistency and uniformity in her testimony, her testimony cannot be relied upon without due corroboration - However, since there is no corroboration to..........
Indian Penal Code, 1860, Section 376 -- Rape of minor girl aged 6 years - PWs declared hostile - Prosecutrix being child witness has been properly examined before recording her statement and she was declared to be competent witness - She categorically stated in Court that she does not recognize accused and the person who took her to field did nothing with her - Evidence on..........
Indian Penal Code, 1860, Section 363, 364 -- Kidnapping of ten years minor child - Minor child stated that accused abducted him and brought to her house and kept in wrongful confinement for two days, from where he was recovered - PW3 is a witness of said recovery - However, no other evidence is available against accused for being member of a gang, involving in killing and..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 366, 368 -- Murder of 8 years child - Death sentence - Acquittal by High Court : (i) Prosecution version that four accused persons, mother and her three sons, killed the boy aged 8 years to perform Puja - Evidence of sole witness that he saw the boy and accused in the Baithak of accused - Accused..........
