house of child victim and in the presence of child
victim's mother, she recorded her statement, wherein child victim stated that
she occasionally ... Section 8 of POCSO Act. Statements of
witnesses u/s 161 Cr.P.C were recorded. Statement of child victim
police statement as well as in the statement given
to the Ld.Magistrate, child victim had stated that
accused had slapped her and had abused ... police
statement Ex.PW1/A as well as in the statement before
Ld.Magistrate Ex.PW1/B. Further, child victim also
admitted that
child victim and he
had also recorded the statement of the child victim through
videography. The accused was associated in the investigation and
::: Downloaded ... taken the child
.
victim for medical examination and she accompanied her. The
doctor had seized the clothes of child victim. The statement of
child victim
counselor from NGO Sampurna, who counseled the child victim and this
time, the child victim got her statement recorded in questionanswer form.
Thereafter ... child victim and on the next
day, got the statements of child victim and her mother recorded u/s 164
Cr.P.C . The accused
victim child for her birth
certificate but the mother of the child could not produce any such certificate.
After recording the statement of witnesses ... thereafter victim had called her mother. This statement is undated.
25 The IO got statement of victim child G recorded u/s.164 CrPC
other child Ansh playing over there.
44. However in my considered opinion though the child did not
state in her statement ... simply
because this fact was not stated to by the child in her statement
U/s. 164 Cr.PC does not lead to any such
produced one girl
child to W/SI Indu Mehra. The mother of the child
victim was also called. Statement of child victim was
recorded after ... cross examined the child
victim, but he could not extract anything/ fact
substantial from the mouth of the child victim. The
statement of the mother
that they
also loved him. Therefore, other than the bald statement by the
child in his examination in chief attributing the murder to the
appellant ... duty of the court so far as recording of the
statement of the child witness is concerned. The
statement under section 164 of the CrPC
child witness is concerned.
27. The Trial Court has observed that the child has
given a very short statement and denied the suggestions ... evidence of the child witness. A child witness must be
able to understand the pros and cons of its statement.
In fact, unmindful
statements was recorded and while doing so, the
statement u/s 164 Cr.P.C. were recorded on oath,
whereas in the trial, statements ... give statement, therefore, I am
recording her statements on oath, whereas in the trial,
the learned trial court observed that child witness Aarti
neither understanding
