Child Witness : Competency, Tutoring, Corroboration-The Supreme Court held that the testimony of a child witness is admissible if the child is competent to understand questions and give rational answers. Corroboration is not mandatory but is a rule of prudence. The court must ensure that the child’s testimony is free from tutoring and inspires confidence. (Paras 25-37) The Court rejected the High Court’s finding that the child witness (Rani) was tutored, noting that her testimony was consistent and her cross-examination revealed no material contradictions. (Paras 38-46)

Circumstantial Evidence – Chain of Events, Inference, Prima Facie Case: The Court reiterated that in cases based on circumstantial evidence, the prosecution must establish a complete chain of events that points unerringly to the guilt of the accused. The circumstances must exclude every possible hypothesis of innocence. (Paras 60-64) The Court found that the clandestine cremation of the deceased, the accused’s absconding, and the strained marital relationship were strong circumstantial evidence pointing to the accused’s guilt. (Paras 65-66)

Section 106 of Evidence Act – Burden of Proof, Special Knowledge, Explanation by Accused: The Court held that when facts are especially within the knowledge of the accused, the burden shifts to the accused to explain those facts. The prosecution must first establish a prima facie case before invoking Section 106. The accused’s failure to provide a reasonable explanation can strengthen the prosecution’s case. (Paras 67-90) The Court found that the accused failed to explain the circumstances of his wife’s death, which was a crucial factor in upholding his conviction. (Paras 88-89)

Prima Facie Case – Foundational Facts, Inference of Guilt:  The Court explained that a prima facie case is established when the prosecution proves facts from which a reasonable inference of guilt can be drawn. The accused must then offer an explanation to rebut the inference. (Paras 81-85) The Court held that the prosecution had established a prima facie case, and the accused’s silence further incriminated him. (Paras 88-89)

The Supreme Court allowed the appeal, setting aside the High Court’s acquittal and restoring the Trial Court’s conviction. The Court held that the child witness’s testimony was reliable and that the circumstantial evidence, coupled with the accused’s failure to explain the circumstances of his wife’s death, established his guilt beyond reasonable doubt.

Acts and Sections:

1. Indian Penal Code, 1860 (IPC)

   • Section 302: Punishment for murder.

   • Section 201: Causing disappearance of evidence of an offence or giving false information to screen the offender.

   • Section 34: Acts done by several persons in furtherance of common intention.

2. Code of Criminal Procedure, 1973 (CrPC)

   • Section 161: Examination of witnesses by police.

   • Section 174: Police to inquire and report on suicide, etc.

   • Section 313: Power to examine the accused.

3. Indian Evidence Act, 1872

   • Section 106: Burden of proving facts especially within the knowledge of the accused.

   • Section 118: Competency of witnesses.

   • Section 145: Cross-examination as to previous statements in writing.

Subjects:

• Child Witness: Competency, Tutoring, Corroboration, Reliability.

• Circumstantial Evidence: Chain of events, Inference, Prima facie case.

• Section 106 of Evidence Act: Burden of proof, Special knowledge, Explanation by accused.

• Murder: Suspicious death, Clandestine cremation, Absconding accused.

Subjects:

#ChildWitness #CircumstantialEvidence #Section106EvidenceAct #Murder #ClandestineCremation #PrimaFacieCase #BurdenOfProof #IndianEvidenceAct #IPC #CrPC