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The appellant did not deny that he was not a rickshaw puller. Nothing was suggested to the witness that she was incapable to identify the accused.

9. Another crucial witness is PW-11 (Pooja), a child witness aged about 5-6 years. Before recording her statement, she was questioned and her statement was recorded in question/answer form. She deposed that prosecutrix 'N' was known to her and she resided in the second gali from her residence. About the incident, she disclosed that she and 'N' were playing in the gali. „Chor bhai' (present in the Court caught hold by hands by the police) came on a rickshaw. When 'chor bhai' enquired 'ki bacche udhar jaoge' (child, would you go there), she declined. Thereafter, the rickshaw-wala asked them to sit in the rickshaw. He gave `10 and Parle biscuit. She threw the note and biscuits. 'N' however took ten rupee note and the biscuits given by 'chor bhai' and he took her on the rickshaw towards the jungle. She further disclosed that she was able to identify 'chor bhai'. She thereafter, pointed out towards the accused and identified him as 'chor bhai' who had taken 'N' with him. In the cross-examination, she stated that she had not seen 'chor bhai' earlier. She admitted that she did not disclose the incident to her mother. She explained that due to fear, she did not disclose the incident to her mother. She denied that she was telling a lie on the tutoring of her mother and no such incident happened. She asserted that she was telling the truth.