been produced by him in support of his statement.
14. The statement of PW1, child victim has been recorded without
oath after putting question ... child victim was unfit for statement, hence, she recorded the statement
of Tabassum, sister of the child victim present in the hospital and made
serious material
contradictions in the statements of PW
3 Pallavi and PW 4, Nirmala. The
statements of the child witness (PW 3)
is a version ... competency of the witness to make the
statement. The statement of the child witness also needs
corroboration as corroboration is essential before there could
statement of the mother of the child victim. The child
victim, in her statement recorded under Section 164 Cr.P.C., stated that ... stated to the doctor. The creditworthiness and the
admissibility of the statement of child victim and her mother is under
challenge not only
This part of the statement was not found in the previous statement of PW-1 ( Section 161 Cr.P.C. statement) as is evident from ... statement of the child witness (PW-5) could have been ignored giving him advantage of being a child, had his statement been plain and simple
child Sayeed Ansari Dr. Neeraj Chaudhary
33. PW13/B MLC of child Rajab Ali
34. PW13/C MLC of child Moim ... child
became ill and he was treating the child by spiritual manner and also told
that the child become ill very often but he (Kalimullah
child) bleeding from
her private parts. The witness has deposed that he asked the child
what had happened and initially she (child) kept on crying ... recording the statement of the prosecutrix
and thereafter with the permission of Dr. Dolly Bansal, she recorded
the statement of the child prosecutrix
evidence of the child witness is the fact that although the child had
named three appellants/accused in his statement under Section ... recorded demeanour of
the child. The child was vacillating in the course of his deposition. From
a child of six years of age, absolute consistency
child witness held as under:
"In the present case, statement of child witness
gets affirmed by the circumstances of the incident, facts
and from ... said law precedents, statement of
witness Rannu Bai not being unreliable in my opinion
are absolutely true and correct......Statement of child
witness Rannu
whole of the prosecution case is mainly based upon
the statement of child witness Bhavya (PW2). The witness
was related both to the accused ... convinced about the quality of the statements
and its reliability, base conviction by accepting the
statement of the child witness. The witness of PW2 cannot
offences tothe appellants on placing implicit reliance on the statement of the child witness and also on the ground that Chameli Devi's conduct ... statement of the said child. It was being urged before us that in fact,this child witness's statement was not recorded
