Case Note & Summary
The case involved the appellant, convicted for the murder of his two children, Rakesh and Rajkanta, under Section 302 of the Indian Penal Code (IPC). The incident occurred on 24/2/1997, when the appellant allegedly cut the throats of his children while staying at his in-laws' house for tuberculosis treatment. The prosecution's case relied heavily on the testimony of a child witness, PW-2 Banwari, who claimed to have witnessed the incident through a hole in the door. The appellant denied the charges, asserting he was falsely implicated due to strained relations with his wife's family. The prosecution presented 14 witnesses, but the defense argued that the child witness's testimony was unreliable and lacked corroboration. The court noted inconsistencies in witness statements, particularly regarding the presence of other individuals during the incident. The evidence of the child witness was scrutinized against established legal principles, leading to doubts about its reliability. The court found that the prosecution failed to prove the motive and the circumstances surrounding the alleged crime were implausible. The absence of corroborative evidence and the contradictions among witnesses led the court to conclude that the prosecution's case was not established beyond reasonable doubt. Consequently, the Supreme Court acquitted the appellant and set aside the conviction, ordering his release unless required in another case.
Headnote
A) Criminal Law - Murder - Conviction under Section 302 IPC - Evidence of Child Witness - The court scrutinized the evidentiary value of the child witness PW-2 Banwari, emphasizing the need for careful examination and corroboration due to the inherent risks of tutoring and unreliability. The court found that the evidence did not meet the required standards of reliability and corroboration, leading to the conclusion that the prosecution failed to establish the case beyond reasonable doubt. Held that the conviction was unsustainable (Paras 1-22).
Issue of Consideration
Whether the prosecution proved the guilt of the appellant beyond reasonable doubt.
Final Decision
The Supreme Court acquitted the appellant, setting aside the conviction and ordering his release due to the prosecution's failure to establish the case beyond reasonable doubt.
Law Points
- Evidentiary value of child witness
- corroboration of evidence
- burden of proof
- benefit of doubt
