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VIBHA KANKANWADI, ABHAY S. WAGHWASE
Nijam S/o Chindhu Tadvi – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
ABHAY S. WAGHWASE, J.
1. By invoking Section 374 of the Code of Criminal Procedure [Cr.P.C.] appellant Nijam Chindhu Tadvi is hereby questioning the correctness, legality and sustainability of the judgment and order of conviction dated 13.06.2016 passed by learned Sessions Judge, Jalgaon in Sessions Case No. 37 of 2015.
BRIEF CASE OF PROSECUTION IN TRIAL COURT IS AS UNDER:
2. Deceased Chayabai resided with her husband [informant] and family at Fattepur. Her one son resided at Jamner for education, whereas remaining son and daughter resided at Fattepur itself. Both children used to go to school.
3. On 10.12.2014, informant’s daughter went ahead to attend school and thereafter, informant left for work keeping behind his son Rohit and wife Chayabai. It is the case of prosecution that between 7.00 a.m. to 7.30 a.m. appellant-convict entered the house of informant. He abused informant’s wife Chayabai and after giving her fist blows, he used a crowbar kept behind cupboard, for hitting it on her head and thereafter whisked out knife from his pocket and stabbed deceased Chayabai.
The credibility of a child witness and the need for corroboration in the absence of independent evidence.
The burden of proof under Section 106 of the Evidence Act lies with the accused to provide a convincing explanation for circumstances within their knowledge, and the court may draw an adverse inferen....
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 affirmed that the sole testimony of a child victim can suffice for conviction in sexual assault cases if found credible, despite minor inconsistencies in other testimonies.
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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