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2013 Supreme(Del) 647
High Court of Delhi
REVA KHETRAPAL & SUNITA GUPTA, JJ.
Babu
Versus
State
CRL.A 837 of 2010
Decided on : 29-05-2013.
Advocate Appeared:
For the Appellant:Imran Ahmed, Advocate.
For the Respondent: Ms. Ritu Gauba, APP.
The reliability of witness testimony, especially that of a child witness, and the significance of corroborative and scientific evidence in establishing guilt.
Headnote:
IPC - Conviction under Section 302 IPC and Section 27 of the Arms Act, 1959 - [302, 27] - The court discussed the reliability of a child witness, the corroboration of witness testimony, and the significance of scientific evidence in reaching its decision.
Fact of the Case:
The appellant was convicted under Section 302 of the IPC and Section 27 of the Arms Act, 1959 for the murder of Kohinoor. The prosecution's case relied on witness testimonies, medical evidence, and scientific evidence.
Finding of the Court:
The court found the testimony of the child witness to be reliable and corroborated by other witnesses. The medical and scientific evidence further supported the prosecution's case, leading to the dismissal of the appeal.
Issues: Reliability of child witness, corroboration of witness testimony, significance of scientific evidence
Ratio Decidendi: The court can rely on the testimony of a child witness if found to be true and reliable. Even if a witness does not wholly support the prosecution's case, their testimony can be considered and relied upon to the extent it supports the case. Scientific evidence can play a significant role in establishing guilt.
Final Decision: The appeal lacks merit and is dismissed. The conviction and sentence of the appellant are sustained.
Sunita Gupta, J.
1. Subject matter of challenge in this appeal is the judgment dated 15.12.2009 in Sessions Case No.26/2009 arising out of FIR No.170/2004, Police Station Khajuri Khas, Delhi. The appellant has been convicted under Section 302 of the Indian Penal Code (IPC), 1860 and Section 27 of the Arms Act, 1959 and sentenced to rigorous imprisonment for life for the offence under Section 302 IPC and fine of Rs.1,000/-, in default to undergo rigorous imprisonment for one month. He was further sentenced to 7 years rigorous imprisonment and fine of Rs.500/-, in default 15 days rigorous imprisonment for offence under Section 27 of the Arms Act.
2. The case of the prosecution emanates from the fact that on 30.04.2004, DD No.4A, Exhibit PW 6/B was recorded at Police Station Khajuri Khas, Delhi regarding incident of firing at House No.818, Gali No.6, E-Block, Shri Ram Colony. This DD was marked to SI Sri Pal (PW 19) for investigation, who along with constable Maharaj Singh reached the aforesaid place and came to know that injured Kohinoor has already been shifted to GTB hospital. After leaving constable Maharaj at the spot, SI Sri Pal went to GTB hospital, collected the MLC of injured Kohinoor. She was having gunshot injuries. The doctor has mentioned the injured ‘unfit for statement and injured was already shifted to operation theatre’. Roop Chand, son of injured (PW 2) met SI Sri Pal. He recorded his statement, Ex.PW2/A, wherein he stated that he along with his mother and step father Ubed is residing at house No.818 Gali No.6, E-Block, Shri Ram Colony, New Delhi. He is a student of sixth standard in Varun Nursery School, Khajuri Khas. His mother earlier used to reside with Babu. She got married to Ubed about one week ago. Babu quarrelled with his mother on this account several times. On that day, he had not gone to school as it was raining and was present at the house. At about 8:15 a.m., Babu came to their house. At that time, his mother was cooking food and his step father Ubed was lying on takhat. He was also present on the takhat. Babu started quarrelling with his mother Kohinoor and step father Ubed and demanded the articles. His mother declined. Then, Babu grappled with his mother. Babu took out a small gun from pocket of his pant and fired at his mother, a result of which blood started oozing out from her abdomen. In the meantime, he also heard a noise like bursting of cracker. Babu ran away from the spot. On this statement, SI Sri Pal prepared rukka Ex.PW 19A and sent the same through Constable Maharaj Singh to police station for registration of FIR. Inspector Vinita Tyagi (PW 6) registered FIR No.170/2004 under Section 307 IPC. SI Sri Pal prepared site plan Ex.PW19/B at the instance of complainant. He lifted blood from the spot, empty bullet lying beneath the table, one patila of aluminium with bullet mark, broken red coloured bangles vide seizure memo Ex.PW 13/A. In the meanwhile, DD No.12A-Ex.PW 6/D was received from Constable Mukesh Kumar of GTB hospital regarding death of injured Kohinoor in the hospital. Thereafter, Section 302 of the Indian Penal Code was added. Investigation was handed over to Additional SHO Inspector Rajinder Pathania (PW 18). Inquest proceedings were conducted. Post-mortem of the dead body was conducted by Dr.S.Lal (PW 5) on 01.05.2004. Thereafter, the dead body was handed over to the relatives of the deceased.
3. On 01.05.2004, accused Babu Khan was arrested vide arrest memo Ex.PW 18/F. He pointed out the place of incident vide Ex.PW 18/G. He had disclosed in his disclosure statement Ex.PW18/F-2 that while fleeing away from the spot he reached at Wazirabad bypass and threw the katta in ganda nala. He pointed out the place where the weapon of offence was thrown. Pointing out memo to that effect Ex.PW 18/G-1 was prepared. The weapon of offence could not be recovered. During investigation, the Investigating Officer seized the nikahnama produced by Ubed regarding his marriage with dece
