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Case is at hearing stage

(Querist) 04 March 2021 This query is : Resolved 
under 325/323

a single women is beaten by hand at her home, by her own nephew. at that time her own child 9 years is eye witness, but police not taken her name as witness. The case is at hearing stage, for other 3 witness summons is issued.

my question is

is one of three witness (say A) given statement that he is EYE witness and the child was also known his presence at the time of crime then..
can court call that child to verify the truth ? though the child name is not in witness list ?

otherwise how the witness 'A' himself prove his presence, bcoz at the time of crime (other than a child) no one noticed that 'A' was present

if court called the child though he is not in witness list, can that child assumed or allow to become a witness in main case

plz guide
K.S.Ramaswamy Advocate (Expert) 06 March 2021
In my view under section 118 of Evidence Act, child can be witness in the court subject to that the child must be able to under stand the questions put by the court, and should be able to distinguish what is lie and what is truth. The child should assist the court while being a witness. However, depending upon facts of your case you consult a prudent local lawyer before any action to be taken in the matter.
Hemant Agarwal (Expert) 07 March 2021
1. "Own 9 year old child" is a minor child and would be classified as "vested interested witnesses" and his collaborative witness statement is legally not tenable, AFTER so many years.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
Dr J C Vashista (Expert) 09 March 2021
The child can be a witness which may be deposed by prosecution.
It is better to consult prosecutor with a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.
P. Venu (Expert) 14 March 2021
Have you discussed the issue with the public prosecutor?
Adv K Rajasekharan (Expert) 17 March 2021
Either the prosecution or even the court itself can make the child a witness if its testimony is material in deciding the case and attaining ends of justice.

The court can take its testimony which is absolutely valid in law, if the child can comprehends things properly, for which there are some pre-tests to be conducted by the judge.
ashok kumar singh (Expert) 09 May 2021
agreed with views of earlier experts, therefore no further comments so far.
thanks
ashok kumar singh, advocate


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