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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJEEV KUMAR, SANJAY PARIHAR
Fazal Hussain S/o Sh. Noor Mohd. – Appellant
Versus
State Of Jammu And Kashmir – Respondent
| Table of Content |
|---|
| 1. murder prosecution rests on sole child eyewitness testimony (Para 1 , 2 , 3 , 4) |
| 2. child witness credibility requires corroboration and scrutiny (Para 5 , 6) |
| 3. child testimony needs careful evaluation for tutoring (Para 7) |
| 4. hostile witnesses undermine recovery and key links (Para 8 , 9 , 11 , 12 , 13) |
| 5. beyond reasonable doubt; benefit of doubt to accused (Para 10 , 18 , 19 , 20) |
| 6. unproved motive weakens single-witness case (Para 14) |
| 7. material contradictions and inconclusive medical evidence (Para 15 , 16 , 17) |
| 8. conviction overturned; appellant acquitted (Para 21) |
JUDGMENT :
Sanjay Parihar, J.
1. The present appeal has been preferred by the appellant challenging the judgment of conviction and order of sentence passed by the learned Trial Court whereby the appellant has been convicted for the offence punishable under Section 302 of the Ranbir Penal Code and sentenced to undergo imprisonment for life along with a fine of Rs. 5,000/-The appellant has questioned the legality and correctness of the impugned judgment primarily on the ground that the conviction has been recorded mainly on the basis of the testimony of PW-2 Shah Begum, the minor daughter of the decease
Conviction under Section 302 RPC unsustainable on uncorroborated child witness testimony with material contradictions, hostile key witnesses, doubtful weapon recovery, and unproved motive, entitling ....
It would always be open for prosecution to decide on quality and quantity of evidence that they wish to lead in order to establish charge and this Court cannot comment on such aspect of matter, as lo....
The court affirmed that child witness testimony, when corroborated by adult witnesses, can be sufficient for conviction in murder cases, emphasizing careful scrutiny of such evidence.
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 main legal point established in the judgment is that the burden of proof rests upon the prosecution to prove the guilt of the accused beyond reasonable doubt. The application of legal presumption....
A single witness's testimony can only sustain a conviction if wholly reliable; the presence of multiple hostile witnesses necessitates rigorous evidence scrutiny and adherence to the principle of par....
The testimony of a witness must be trustworthy and free from major contradictions in order to convict the accused. The prosecution must prove the charge beyond all reasonable doubts.
The reliability of a child witness's evidence, the need for corroboration, and the significance of medical evidence in establishing guilt in a murder case.
The legal principle established is that the entire deposition of an eyewitness should not be discarded if some portion is found to be false, and the legal requirements for establishing guilt based on....
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