Case Note & Summary
The appeal was filed by the accused challenging the conviction by the Sessions Court, which was upheld by the Punjab and Haryana High Court. The appellant and another accused were convicted for murder and other offences under the Indian Penal Code, receiving life imprisonment and additional sentences. The case arose from an incident on December 30, 2002, where the minor witness, Ajay, claimed to have witnessed the murder of his mother by the accused. Ajay's testimony was the primary evidence against the accused, but the defense argued it was unreliable due to contradictions and lack of corroboration. The prosecution's case was further weakened by the non-examination of key witnesses, including the milkman who was the first to hear about the incident. The court emphasized the need for careful scrutiny of a minor's testimony and found that the trial judge failed to adequately assess Ajay's ability to understand and respond to questions. The court noted that the evidence presented did not inspire confidence, particularly as the appellant's footwear did not match the crime scene evidence. Ultimately, the Supreme Court acquitted the appellant, setting aside the lower court judgments and cancelling his bail bonds.
Headnote
A) Evidence Law - Testimony of Minor Witness - Corroboration Not Mandatory - Evidence Act, 1872, Section 118 - The court held that while corroboration of a minor witness's testimony is not a strict requirement, careful scrutiny is necessary to ensure reliability, especially given the potential for tutoring. The court found the evidence of the minor witness lacked corroboration and was not credible, leading to the acquittal of the appellant (Paras 7-17).
Issue of Consideration
Whether the conviction based solely on the testimony of a minor witness was justified.
Final Decision
The Supreme Court allowed the appeal, set aside the judgments of the High Court and the Trial Court, and acquitted the appellant of all charges. The appellant's bail bonds were cancelled.
Law Points
- Minor witness testimony
- corroboration
- Evidence Act
- Oaths Act
- reasonable doubt
