Case Note & Summary
The appellant, Tukaram Rau Jadhav, was convicted under Section 302 of the Indian Penal Code, 1860, for the murder of Yashodabai, and sentenced to life imprisonment. The incident occurred on the night of 27th April 2014, when the deceased was sleeping in the courtyard of her house with her daughter Dhanashree and mother-in-law Fulabai. At about 12:15 am, Dhanashree raised an alarm, and upon others rushing to the spot, the deceased was found with a grievous injury on the right side of her neck. Dhanashree claimed that the appellant came armed with an axe and inflicted a blow on the deceased's neck. The appellant was convicted solely on the basis of Dhanashree's testimony. The High Court, on appeal, examined the evidence and found that Dhanashree's testimony was unreliable. She was a child witness aged about 10 years, and her statement was inconsistent with the medical evidence, which indicated a single incised wound that could have been caused by a sharp weapon but not necessarily an axe. Moreover, her previous statements to the police and in court varied. The prosecution did not examine any other eyewitnesses, nor did it recover the alleged weapon or establish any motive. The court held that the conviction based solely on the uncorroborated testimony of a child witness, which suffered from infirmities, was unsustainable. The appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Appreciation of Evidence - Child Witness - Sole Eyewitness - Corroboration - The conviction of the appellant under Section 302 IPC was based solely on the testimony of a child witness, Dhanashree, aged about 10 years. The court held that while the evidence of a child witness is not inadmissible per se, it must be scrutinized with caution and requires corroboration if it suffers from infirmities. In this case, the child's testimony was inconsistent with the medical evidence and her own previous statements, and there was no other corroborative evidence. Hence, the conviction was set aside. (Paras 1-24) B) Criminal Law - Medical Evidence - Inconsistency with Ocular Testimony - The medical evidence showed that the injury on the deceased was a single incised wound on the neck, but the child witness stated that the accused inflicted a blow with an axe. The court noted that the nature of the injury did not match the description of the weapon or the manner of assault, creating a serious doubt about the prosecution case. (Paras 15-18) C) Criminal Law - Circumstantial Evidence - Lack of Corroboration - The prosecution failed to examine independent witnesses or provide any corroborative evidence such as recovery of the weapon or motive. The court held that in the absence of corroboration, the sole testimony of a child witness cannot form the basis of a conviction. (Paras 19-24)
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code, 1860, based solely on the testimony of a child witness, is sustainable in law.
Final Decision
Appeal allowed. The judgment and order of conviction and sentence dated 29th October 2015 in Sessions Case No. 37 of 2014 passed by the Additional Sessions Judge, Vaduj, is set aside. The appellant is acquitted of the offence punishable under Section 302 of the Indian Penal Code, 1860. The appellant shall be set at liberty forthwith unless required in any other case.
Law Points
- Appreciation of evidence of child witness
- Corroboration of sole eyewitness
- Circumstantial evidence
- Section 302 IPC
- Murder
- Acquittal
