JUDGMENT

Madan B. Lokur, J.-

The question before us is whether, in the absence of a Test Identification Parade (TIP for short), the evidence of a child witness should have been accepted for convicting the appellant. In our opinion, on the facts of this case both the Trial Court and the High Court were right in convicting the appellant for offences punishable under Section 397 (robbery or dacoity, with attempt to cause death or grievous hurt) and Section 302 (punishment for murder) of the Indian Penal Code. However, no case has been made out for convicting the appellant for an offence punishable Section 449 (house trespass in order to commit offence punishable with death) of the IPC.

The facts:

2. On 20th October 1997, the appellant and Jose Joseph came to the residential premises of PW-1 Jose son of Anthony at about 4.30 p.m. with the common intention of committing robbery. While Jose Joseph stood guard near the house, the appellant made an entry and came upon PW-2 Lidiya daughter of PW-1 Jose son of Anthony, who was then aged about 11 years. Thereupon he caught hold of her neck, threatened to kill her and then robbed her of her gold chain and two gold ear studs.

3. Thereafter, he e