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VIBHA KANKANWADI, ABHAY S. WAGHWASE
Kalidas Kundlik Lomte – Appellant
Versus
State Of Maharashta – Respondent
JUDGMENT
ABHAY S.WAGHWASE, J. - The appellant convict for offence under Sec. 302 and 324 of the Indian Penal Code, is questioning the judgment and order of conviction dtd. 28/8/2015 passed by the learned Additional Sessions Judge, Osmanabad in Sessions Case No. 180 of 2013.
PROSECUTION CASE IN TRIAL COURT
2. As per the case of prosecution, telephonic information was received at Police Station in the early hours of morning of 14/6/2012 that a boy name Suraj was admitted at Primary Health Center, Dhoki in injured condition. On taking note of the same in Station Diary, PW12 Suryakant, Investigating Officer visited Primary Health Center, Dhoki, however, there he learnt that the boy was shifted and referred to Civil Hospital, Osmanabad and so he went there and recorded statement of Suraj.
Consequently, on the strength of the same, prosecution was launched against the accused on the premise that, accused was married to deceased and out of wedlock, they had a son namely Suraj, aged 16 years. Accused had grudge that his deceased wife Sumanbai was not behaving as per his wish. On such count, he used to beat her. On 13/6/2012, the accused, his wife and their minor son worked in the field for t
The credibility of a child witness and the need for corroboration in the absence of independent evidence.
The main legal point established in the judgment is the reliance on consistent testimonies to establish guilt under Section 302 of the Indian Penal Code.
Murder - Testimony of sole child witness - There is no age limit fixed for a person to be a competent witness. A child of tender age can also be a competent witness.
The court established that the reliability of child witnesses must be carefully evaluated, and a conviction cannot be sustained on their testimony alone without corroborative evidence, especially whe....
It would always be open for prosecution to decide on quality and quantity of evidence that they wish to lead in order to establish charge and this Court cannot comment on such aspect of matter, as lo....
The testimony of a child witness can suffice for conviction if credible and corroborated, while the burden of proof lies on the accused to establish an alibi.
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