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πŸ‘ΆπŸ—£οΈ 4 Principles for Child Witness Testimony

πŸ‘¨β€βš–οΈ Case:

State of M.P.
v.
Ramesh

[2011]


1. The evidence of child must reveal that he is able to discern b/w Right & Wrong either by cross examination of defence, by putting questions (165) or by the testimony itself.

2. In case the child explains the relevant events of the crime without improvements or embellishments, and the same inspire confidence of the court, his deposition does not require any corroboration whatsoever.

3. If the tutored part can be separated from the untutored part of testimony and the latter inspires confidence then it can be believed or considered for corroboration as in hostile witness cases.

4. Whether tutored or not can be ascertained from deposition of child.
Only in case there is evidence on record to show that a child has been tutored, the court can reject his statement partly or fully and look for corroboration.

Child testimony is at par with other witnesses if the child is competent to testify, more care must be taken whilst taking testimony as it is susceptible to tutoring.

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Earlier under 7 years of age a person is not considered competent to give testimony but Uk has evolved almost to the extent of Indian legal system on child witness.

Indian Cases
1. Rameshwar v. State of Rajasthan (1952): The landmark judgment held that child testimony, much scrutinized, does not require compulsory corroboration in the absence of grounds for suspecting tutoring or fabrication.
2. Dattu Ramrao Sakhare v. State of Maharashtra (1997): The Supreme Court once again reiterated that when a child witness appears to be truthful and consistent, the said testimony could alone furnish the basis for conviction.

The core of Child witness testimony is that the judge must see it is not tutored or there is not undue influence or any other external influence or pressure.

If the testimony is found reliable there is no need of corroboration and it can become the sole basis of conviction.

In India section 118 and 119 (competency) of BSA and POCSO (provisions relating to safe environment, reduce trauma etc) delas with child witness testimony.

In a nutshell child is a as competent as and adult sound person and the testimony cannot be rejected on the grounds of AGE.

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