1. The short question that arises in this case is whether the trial court, after having held a child witness incompetent, due to her tender age, to give reasonable and rational answers to questions touching upon the facts which the witness was expected to answer, can be found to be competent at a later stage of trial.

2. The facts of the case lie in a narrow campus. The accused is a migrant labourer from West Bengal. He was living at a place in Kerala, with his family, consisting of his wife and a five year old daughter. It is alleged that, on 15/11/2014 at 2.p.m. the accused picked up a quarrel with his wife and rammed her head against the wall of the house. He thereafter strangulated her and when she fell down, she was murdered. The child was alleged to be the only eye witness to the incident. Pursuant to the crime registered, investigation was conducted, accused was arrested and final report was laid for offence under section 302 IPC. The case was thereafter scheduled for trial by the learned Sessions Judge and posted to 27/3/2017. On that day, the child who was arrayed as CW4, was produced for examination. Before oath was administered, the court questioned her to ascer