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IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Yarenjungla Longkumer, Manish Choudhury
Sadnam Rabha @ Satram Rabha – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. conviction of appellant for murder. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. challenge to reliability of witness statements. (Para 10 , 11) |
| 3. judicial observations on evidence. (Para 12 , 13) |
| 4. admissibility and credibility of child witness. (Para 25 , 26) |
| 5. credibility of child witness testimony supported by corroborative evidence. (Para 27) |
| 6. evidence corroboration and court's final judgment. (Para 28 , 29 , 30 , 31) |
| 7. conclusion and directive for compensation. (Para 32 , 33 , 34) |
JUDGMENT :
Y. Longkumer, J.
This is a criminal appeal from Jail under Section 383 CrPC against the Judgment and Order dated 18.01.2018 passed by the Session Judge, Kamrup, Amingaon in Session Case No. 257/2014, which arose out of GR Case No. 13219/13 in Palashbari P.S Case No. 376/13 under Section 302 IPC. By the Judgment and Order dated 18.01.2018 the accused/appellant has been convicted for the offence under Section 302 IPC and he has been sentenced to undergo imprisonment for life with a fine of Rs. 5000/-, and a default clause to undergo another period of two months simple imprisonment.
2. The First Information Report (FIR) was lodged before the O.C. of Palashbari P.S on 10.11.2013
The conviction can be based on the reliable testimony of a child witness if corroborated by medical evidence, and courts are to assess the competency of child witnesses carefully.
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....
The credibility of a child witness and the need for corroboration in the absence of independent evidence.
The conviction based solely on a child's testimony is insufficient if discrepancies undermine its reliability, necessitating corroborative evidence.
Assessment of the competency and reliability of a child witness is crucial in cases involving allegations of sexual abuse.
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