Case Note & Summary
The appellant, Nijam Chindhu Tadvi, was convicted by the Sessions Judge, Jalgaon for the murder of Chayabai under Section 302 IPC and sentenced to life imprisonment. The prosecution case was that on 10.12.2014, between 7.00 a.m. to 7.30 a.m., the appellant entered the house of the informant, abused Chayabai, gave her fist blows, hit her on the head with a crowbar, and stabbed her with a knife. The incident was reported by the informant (PW2 Ramlal), and the police registered a crime. The trial court relied primarily on the testimony of PW4 Rohit, a child witness and son of the deceased, to convict the appellant. The appellant appealed under Section 374 CrPC challenging the conviction. The High Court examined the evidence and found that the child witness had stated in cross-examination that he had left the house before the incident and was not present when the assault occurred. The court noted that the child's testimony was not corroborated by any other witness or evidence, and the prosecution failed to prove the presence of the child at the scene. The court held that the conviction based solely on the uncorroborated testimony of a child witness who was not present was unsustainable. The court also observed that the other witnesses, including the informant, were not eyewitnesses. Consequently, the High Court allowed the appeal, set aside the conviction and sentence, and acquitted the appellant.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Child Witness - Corroboration - Appeal against conviction under Section 302 IPC - Conviction based solely on testimony of child witness PW4 Rohit - Court found child witness unreliable as he had left the house before the incident and his testimony was not corroborated by other evidence - Held that conviction cannot be sustained on uncorroborated testimony of a child witness who was not present at the scene (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC based solely on the testimony of a child witness is sustainable in law.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges. Bail bonds cancelled.
Law Points
- Child witness testimony
- Corroboration
- Section 302 IPC
- Section 374 CrPC
- Appreciation of evidence
Case Details
2023 LawText (BOM) (08) 27
Criminal Appeal No. 472 of 2016
Smt. Vibha Kankanwadi, Abhay S. Waghwase
Ms. Seema Gaikwad h/f Mr. A. G. Talhar for Appellant, Mr. A. V. Deshmukh APP for Respondent-State
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Nature of Litigation
Criminal appeal against conviction for murder
Remedy Sought
Appellant sought acquittal by challenging the judgment and order of conviction dated 13.06.2016 passed by Sessions Judge, Jalgaon in Sessions Case No. 37 of 2015
Filing Reason
Appellant was convicted under Section 302 IPC and sentenced to life imprisonment for murder of Chayabai
Previous Decisions
Sessions Judge, Jalgaon convicted appellant on 13.06.2016 in Sessions Case No. 37 of 2015
Issues
Whether the conviction based solely on the testimony of a child witness is sustainable when the child was not present at the scene?
Whether the prosecution proved its case beyond reasonable doubt?
Submissions/Arguments
Appellant argued that prosecution failed to prove charges, sole testimony of child witness was unreliable as he had left the house before the incident, and there was no corroboration.
Respondent-State argued that the trial court correctly appreciated evidence and convicted the appellant.
Ratio Decidendi
A conviction based solely on the uncorroborated testimony of a child witness who was not present at the scene of the incident is unsustainable. The prosecution must prove its case beyond reasonable doubt, and the evidence of a child witness must be reliable and corroborated.
Judgment Excerpts
By invoking Section 374 of the Code of Criminal Procedure [Cr.P.C.], appellant Nijam Chindhu Tadvi is hereby questioning the correctness, legality and sustainability of the judgment and order of conviction dated 13.06.2016 passed by learned Sessions Judge, Jalgaon in Sessions Case No. 37 of 2015.
Learned counsel for the appellant would submit that prosecution had miserably failed to prove the charges. According to learned counsel, except the sole testimony of a child witness, there is no other evidence on record about seeing appellant entering the house of deceased, beating her, stabbing her and committing her murder.
Procedural History
On 10.12.2014, incident occurred. FIR registered. Investigation by PW8 API Ganesh Kadam. Chargesheet filed. Sessions Case No. 37 of 2015 before Sessions Judge, Jalgaon. Trial conducted. Conviction and sentence on 13.06.2016. Appeal filed under Section 374 CrPC on 28.07.2023 reserved, pronounced on 10.08.2023.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): 374
- Indian Penal Code, 1860 (IPC): 302
