Case Note & Summary
The appellant, Chandrashekhar Babarao Madavi, was convicted by the Sessions Judge, Wardha, for the murder of his wife Meena under Section 302 of the Indian Penal Code. The prosecution alleged that on 29 September 2013, the appellant poured kerosene on his wife and set her ablaze, causing her death. The sole eyewitness was the couple's minor daughter, Sakshi (PW1), who was about 10 years old at the time of the incident. The appellant appealed against his conviction and life sentence. The High Court examined the evidence and found that Sakshi's testimony was unreliable because she was in the custody of her maternal uncle, Lokesh Thakre (PW3), who did not testify that she disclosed the incident to him. The court noted that the child witness appeared to be tutored and her evidence lacked corroboration from any independent source. Additionally, the appellant himself sustained burn injuries on his hands, which suggested he may have attempted to save his wife rather than cause her death. The medical evidence showed 100% burns on the deceased, but the chemical analyzer's report was not discussed in detail. The court held that the prosecution failed to prove the case beyond reasonable doubt and that the conviction based solely on the uncorroborated testimony of a tutored child witness was unsafe. Consequently, the appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Child Witness - Testimony of minor daughter (PW1) found unreliable as she was tutored and her evidence was not corroborated by independent witnesses or medical evidence - Held that conviction cannot be based solely on such testimony (Paras 4-6). B) Evidence Law - Child Witness - Corroboration - Testimony of a child witness requires corroboration if there is possibility of tutoring - Held that in absence of corroboration, conviction is unsafe (Paras 4-6). C) Criminal Law - Benefit of Doubt - Appellant's hands were burnt, indicating possible attempt to save deceased - Held that prosecution failed to prove guilt beyond reasonable doubt (Para 6).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code based solely on the testimony of a child witness is sustainable when the witness is tutored and the evidence lacks corroboration.
Final Decision
The appeal is allowed. The judgment and order of conviction and sentence dated 27.3.2018 passed by the learned Sessions Judge, Wardha in Sessions Case No.40/2014 is set aside. The appellant is acquitted of the offence punishable under Section 302 of the Indian Penal Code. The appellant be set at liberty forthwith, if not required in any other case.
Law Points
- Child witness
- Tutored witness
- Corroboration
- Circumstantial evidence
- Benefit of doubt
