Case Note & Summary
The State of Maharashtra appealed against the judgment and order dated 11th January 2001 passed by the learned Additional Sessions Judge, Ratnagiri in Sessions Case No.18 of 1995, acquitting the accused Dashrath Krishna Waghwankar for the offence punishable under Section 302 of the Indian Penal Code, 1860. The prosecution case was that on 13th July 1994, the deceased Asha, a minor daughter of complainant Madhukar Ghanekar (PW1), went to Patkaltali for grazing cattle along with her cousin Jayashri (PW2). The accused was also present there with his cattle. At about noon, Asha went to bring back her two bulls which had gone near the accused. When she did not return, Jayashri went to look for her and saw the accused assaulting Asha with a scythe, giving repeated blows. Jayashri ran away in fear and informed Madhukar and his wife. They went to the spot and found Asha dead. The police registered an offence and after investigation, chargesheeted the accused. The trial court acquitted the accused, leading to the present appeal. The legal issues were whether the acquittal was sustainable and whether the sole eyewitness testimony of PW2 was reliable. The appellant argued that the trial court erred in disbelieving PW2, while the respondent contended that the acquittal was correct. The court analyzed the evidence and found that PW2's testimony suffered from material contradictions and improvements, and there was no corroboration from other witnesses or medical evidence. The court held that the trial court's view was plausible and not perverse, and dismissed the appeal, upholding the acquittal.
Headnote
A) Criminal Law - Murder - Appreciation of Evidence of Child Witness - Sole Eyewitness - Corroboration - The court examined the testimony of a 12-year-old sole eyewitness (PW2) who claimed to have seen the accused assaulting the deceased with a scythe. The court found her testimony unreliable due to material contradictions, improvements, and lack of corroboration from other witnesses or medical evidence. Held that conviction cannot be based on the uncorroborated testimony of a child witness unless it is wholly reliable, which was not the case here (Paras 1-16). B) Criminal Law - Appeal Against Acquittal - Scope of Interference - The court reiterated that in an appeal against acquittal, the appellate court should not lightly reverse the finding of the trial court unless the view taken by the trial court is perverse or impossible. Held that the trial court's acquittal was based on a plausible view of the evidence and did not warrant interference (Paras 1-16).
Issue of Consideration
Whether the acquittal of the accused for the offence punishable under Section 302 of the Indian Penal Code, 1860, is sustainable in law.
Final Decision
Appeal dismissed. Acquittal of accused for offence under Section 302 IPC upheld.
Law Points
- Appreciation of evidence of child witness
- Corroboration of sole eyewitness
- Standard of proof in criminal appeal against acquittal
- Section 302 IPC
