Case Note & Summary
The appellant, Dilip Dnyanoba Ghaware, was convicted under Section 302 of the Indian Penal Code for the murder of his wife, Savita, and sentenced to life imprisonment. The incident occurred on 15 December 1998 in their rented room in Pune. The prosecution's case rested primarily on the testimony of the couple's five-year-old daughter, Kajol (PW 3), who witnessed the assault. Additional evidence included the testimony of the landlady, Rakhmabai Chavan (PW 2), who heard a quarrel and later saw the victim lying in a pool of blood; an extra-judicial confession made by the appellant to Police Constable Kishor Kapare (PW 13) at the police chowky; recovery of a blood-stained grinding stone (the weapon of offence) from the spot; and medical evidence confirming the cause of death as head injuries. The appellant challenged his conviction on the ground that the child witness was unreliable and that the extra-judicial confession was not voluntary. The Bombay High Court, after hearing arguments, held that the child witness was competent and her testimony was truthful and corroborated by other evidence. The court found that the extra-judicial confession was made voluntarily and was corroborated by the recovery of the weapon. The circumstantial evidence, including the appellant's conduct in leaving the house with the children and reporting to the police, formed a complete chain pointing to his guilt. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Evidence Law - Child Witness - Corroboration - Testimony of a child witness aged 5 years can be relied upon if found to be truthful and corroborated by other evidence - In the present case, the child witness (daughter of accused and victim) gave consistent account of the assault, and her testimony was corroborated by extra-judicial confession, recovery of weapon, and other circumstances - Held that conviction based on such evidence is sustainable (Paras 3, 7-10). B) Criminal Law - Murder - Section 302 IPC - Circumstantial Evidence - Extra-judicial confession made by accused to police official immediately after incident, coupled with recovery of blood-stained grinding stone and medical evidence, forms a complete chain pointing to guilt - Held that the prosecution proved its case beyond reasonable doubt (Paras 5-6, 11-12).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of Indian Penal Code based on the testimony of a child witness (aged 5 years) and circumstantial evidence is sustainable.
Final Decision
Appeal dismissed. Conviction and sentence under Section 302 IPC upheld.
Law Points
- Child witness testimony
- Corroboration of child witness
- Circumstantial evidence
- Extra-judicial confession
- Section 302 IPC
- Murder conviction
