The reliability of a child witness's evidence, the need for corroboration, and the significance of medical evidence in establishing guilt in a murder case.

JUDGMENT

Sarang V. Kotwal, J. - The appellant has challenged the judgment and order dated 9.12.2019 passed by the District Judge-2 and additional Sessions Judge, Sangli in Sessions Case No.188/2018. By the impugned judgment and order, the appellant was convicted for commission of offence punishable under Section 302 of IPC and was sentenced to suffer life imprisonment and to pay a fine of Rs.1,000/-; and in default to suffer R.I. for three months. He was given benefit of set off under Section 428 of Cr.P.C.

2 Heard Shri Swaraj Jadhav, learned counsel appointed for the appellant and Smt. G.P. Mulekar, learned aPP for the State.

3 The prosecution case, in brief, is that the appellant was cousin of mother of Ganesh (the deceased in this case). He was residing next to the house of the deceased. The deceased was nine years old boy. On 15.7.2018, the appellant went to the deceased's house and asked him to get liquor for him. at that time, the deceased was having his food. He replied that he would get liquor after he finished his food. The appellant got enraged. He sent Ganesh's sister, who was present in the house to get some articles. after she left the house, the appellant committed murder of Ganesh by hanging him with a rope. When Ganesh's sister returned, she saw the shocking scene. She was slapped and threatened by the appellant. The appellant told her not to disclose the incident to anybody. Ganesh's sister, instead, went to her neighbours and told them about the incident. They came on the spot. They saw that the deceased was hanging from the ceiling. They informed the police. The mother of the deceased, who was not present and who had gone to a different city, was also informed. She came back at around 3.00 p.m. and then her FIR was registered. The appellant was arrested in the night. The investigation was carried out. The statements of the witnesses were recorded. The statement of the child witness i.e. sister of the deceased Ganesh was also recorded. at the conclusion of investigation, the charge-sheet was filed and the case was committed to the Court of Sessions.

4 During trial, the prosecution examined seven witnesses. The defence of the appellant was of total denial. after recording the appellant's statement under Section 313 of Cr.P.C. and after hearing the parties, learned Judge convicted and sentenced the appellant, as mentioned earlier.

5 The name of the appellant is Ganesh anmappa Talwar and the name of the deceased is Ganesh Yallappa Walmiki. The prosecution case revolves around the evidence of child witness PW-2 Laxmi Walmiki. She was sister of the deceased. Her version is corroborated by two neighbours. The mother had lodged the FIR.

6 Learned counsel for the appellant submitted that it is a case of circumstantial evidence. Nobody had seen the incident. The evidence of PW-2 was not reliable. She was a tutored witness. The FIR was not lodged immediately. The delay in lodging the FIR is not explained. Even the statements of the witnesses are not recorded immediately. This delay shows that the appellant is falsely implicated. There is no corroborative pieces of evidence to support the version given by PW-2. Learned counsel for the appellant also relied on some judgments. Those judgments will be referred to in the following discussion.

7 On the other hand, learned aPP submitted that the spot panchnama shows that there was no chair or anything else around the spot, on which the deceased could stand and commit suicide. Suggestion given to the witnesses about possible suicide of the boy, is not correct. That theory is not acceptable. The appellant was found at the spot. His conduct was unnatural. There was no reason for the witnesses to implicate him falsely. The appellant has not explained the circumstances against him which were within his exclusive knowledge. The circumstantial evidence forms a complete chain of circumstances. There is no reason to disbelieve PW-2 and she was a truthful witness. Learned Judge has rightly re