Case Note & Summary
The appellant, Pradeep (accused no.2), along with accused no.1 Devender alias Vikki, was convicted by the Sessions Court for the murder of Bhanmati and for causing injuries to her son Ajay (PW1). The incident occurred on 30th December 2002, when the accused entered the house through a window at night. Accused no.1 inflicted multiple knife blows on the deceased while the appellant held her hands. When PW1 tried to intervene, he was also injured. The sole eyewitness was PW1, an 11-year-old boy. The High Court dismissed the appeal against conviction. The Supreme Court examined the credibility of the child witness, noting that his testimony was natural, consistent, and corroborated by medical evidence and the prompt FIR. The court found no reason to disbelieve PW1 and upheld the conviction, dismissing the appeal.
Headnote
A) Criminal Law - Child Witness - Credibility - Testimony of a child witness can be relied upon if found to be truthful and corroborated by other evidence - The court held that PW1, an 11-year-old child, gave a consistent and natural account of the incident, and his testimony was corroborated by medical evidence and the prompt lodging of FIR - Held that the conviction based on such testimony is sustainable (Paras 1-12).
Issue of Consideration
Whether the conviction of the appellant under Sections 302, 449, and 324 read with Section 34 IPC based solely on the testimony of a child witness (PW1) is sustainable.
Final Decision
Appeal dismissed; conviction and sentence upheld.
Law Points
- Child witness credibility
- Corroboration of testimony
- Section 302 IPC
- Section 449 IPC
- Section 324 IPC
- Section 34 IPC
