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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SACHIN SINGH RAJPUT
Neeraj S/o Umashankar Sahu – Appellant
Versus
State of Chhattisgarh – Respondent
| Table of Content |
|---|
| 1. conviction based on circumstantial evidence. (Para 1 , 2 , 3 , 4) |
| 2. arguments regarding the credibility of witnesses. (Para 5 , 6) |
| 3. caution required for child witness testimony. (Para 8 , 21) |
| 4. reliability of child witnesses must be established. (Para 9 , 10 , 11) |
| 5. acquittal due to insufficient evidence. (Para 22 , 23 , 24) |
JUDGMENT :
SACHIN SINGH RAJPUT, J.
1. This appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (in short “Cr.P.C.) has been preferred by the appellant being aggrieved by judgment dated 31.03.2005 passed by the First Upper Sessions Judge, Surajpur, District Surguja (C.G.) in Sessions Case No. 89 of 2004. By the impugned judgment the appellant has been convicted for an offence under Section 307 of Indian Penal Code, 1860 (in short “IPC”) and sentenced to undergo rigorous imprisonment for 7 years with fine of Rs. 500/- in default of payment of fine, to further undergo rigorous imprisonment for 2 months.
2. The case of the prosecution in nutshell is that on the date of incident, in the morning i.e. 19.05.2003, father of Sonu (victim) namely- Moharlal (PW03) was digging a ditch for latrine with the permission of the Municipal Council.
The conviction under Section 307 IPC was overturned due to unreliable child witness testimonies and the failure of the prosecution to prove the case beyond reasonable doubt.
The testimony of a child witness can be relied upon if corroborated by other evidence, and the presence of support persons does not imply tutoring.
The presumption of innocence remains until proven guilty, and an acquittal should not be disturbed without compelling reasons.
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 judgment establishes the importance of corroborative evidence, the presumption of guilt under the POCSO Act, and the standard of proof required for the accused to prove innocence in cases of sexu....
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.
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