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1949 Supreme(Pat) 6

V.RAMASWAMI
Thakur Prasad – Appellant
Versus
Mt. Godavari Devi – Respondent


Judgment

Ramaswami, J.

1. This application is directed against an order of a Mag. made under Section 488, Cr. P. C., directing Thakur Prasad to pay a sum of Rs. 10 per month to Ramnarain who is alleged to be his illegitimate son conceived through Mustt. Godavari. On behalf of the appct. learned Advocate submitted that the trying Mag. committed an error of law in accepting the evidence of Mustt. Godavari without it being sufficiently corroborated.

2. In a case of this type it has been held that as a matter of prudence, if not of law, the Ct. should not accept the evidence of the woman unless it is corroborated in material particulars (vide for instance Vedantachari V/s. Marie, A.I.R. (13) 1926 Mad. 1130 : (27 Cr. L. J. 1095). In that case Wallace J. observed that where the question at issue was whether a certain man was the father of a certain child, it was prima facie improper to accept without corroboration, the mere statement on oath of the mother who asserted the paternity. Her evidence in such a ease could not but be highly interested, & it would be unreasonable & improper for any Court to act merely on her own statement without some independent corroboration thereof. In the pre


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