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ANANDA SEN, GAUTAM KUMAR CHOUDHARY
Debu Hazra, S/o Panchu Hajra – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Per Ananda Sen, J.
These criminal appeals are directed against the conviction and sentence of both the appellants vide judgment of conviction dated 16.07.2011 and order of sentence dated 19.07.2011 passed by learned 1st Additional Sessions Judge, Giridih in Sessions Trial No.50 of 2006, whereby the appellants have been convicted under Sections 302/34 and 201 of the Indian Penal Code and they have been sentenced to undergo R.I. for life for the offence punishable under Sections 302/34 of IPC further to undergo R.I. for two years each under Section 201 of IPC.
2. Learned counsel for the appellant submitted that entire case hinges on the testimony of the child witness aged about 5 years, but if his evidence is scrutinized properly, it would be clear that he had not seen the second part of the occurrence, thus, the reliance upon his testimony by the Trial Court to convict the appellants is bad in law. As per the appellants, save and accept the child witness there are no other witness, who had seen the occurrence. The testimony of all the other witnesses were hearsay, who had gathered the information from the child witness. If the testimony of the child witness is demolished, au
The conviction based solely on a child's testimony is insufficient if discrepancies undermine its reliability, necessitating corroborative evidence.
The testimony of a child witness can suffice for conviction if credible and corroborated, while the burden of proof lies on the accused to establish an alibi.
The credibility of a child witness and the need for corroboration in the absence of independent 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 conviction was overturned due to the prosecution's failure to prove the guilt of the appellants beyond reasonable doubt, particularly highlighting the unreliable testimony of the child witness.
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.
Conviction under Section 302 RPC unsustainable on uncorroborated child witness testimony with material contradictions, hostile key witnesses, doubtful weapon recovery, and unproved motive, entitling ....
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.
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