Justice V. Gopala Gowda & Adarsh Kumar Goel
In the said case , prosecution contended that on the night of 24th/25th May while the Complainant had gone to the farm of his employer to discharge his duties, Accused persons 4 arrived at Complainants residence and assaulted his family. The family of Complainant encountered huge loss as Mishribai was brutally killed and Parubai was raped. This appeal arose out of the conviction and sentence of the Appellant under Section 302/34, 376 of the Indian Penal Code and other offences.
Whether Evidence collected from a child witness is admissible in the Court?
In the present case according to the ‘F.I.R’ filed by the complainant the accused persons were apprehended. Reliable evidence was collected from complainants family it was held that the court has upheld the decision and sentenced the appellants. In the light of the judgments passed by the Hon’ble Bench it was concluded that the evidence collected from a child witness was also admitted and corroborated by other evidence.