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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
RAJNISH KUMAR, RAJEEV SINGH
Mata Prasad Mishra – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. criminal appeal filed against conviction. (Para 1 , 2 , 3) |
| 2. details of trial process and charges. (Para 4 , 5 , 6) |
| 3. arguments of parties regarding the case. (Para 7 , 8) |
| 4. prosecution case and initial investigations. (Para 10 , 11) |
| 5. assessment of witness testimonies. (Para 12 , 13 , 14) |
| 6. against the evidence legitimacy and contradictions. (Para 15 , 16 , 17 , 19) |
| 7. post mortem findings vs witness accounts. (Para 20 , 21) |
| 8. standards for evaluating child witness testimony. (Para 22 , 23 , 24) |
| 9. court's decision on case registration. (Para 25) |
| 10. outcome of the appeal and acquittal. (Para 26) |
JUDGMENT :
Rajnish Kumar, J.
1. Heard, Sri Rudra Pratap Lal,learned counsel for the appellant and learned AGA.
2. The instant Criminal Appeal under Section 374(2) of Criminal Procedure Code (hereinafter referred as Cr.P.C.) has been filed against the judgment and order dated 27.09.2013 passed in Session Trial No.19/2012; State versus Mata Prasad Mishra by the Special Judge, (E.C.) Act, Gonda arising out of Case Crime No.390/2011, under Section 302 of Indian Penal Code (hereinafter referred as I.P.C.), Police Station Dhanepur, District Gonda.
3. The prosecution case is that the
The conviction for murder cannot be sustained without corroborated and reliable testimony, especially when relying on child witnesses whose statements showed significant contradictions.
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 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 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 testimony of related witnesses is admissible and credible if substantiated by corroborating evidence; the mere relationship does not diminish its evidentiary value.
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.
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 burden of proof under Section 106 of the Indian Evidence Act shifts to the accused if the prosecution establishes the facts from which a reasonable inference can be drawn regarding the existence ....
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