with the appellant since beginning. It is pointed out that
even statement of child witness under section 164 Cr.P.C. is recorded ... time of recording of his statement at
hospital. The conclusion that can be drawn from statement of the child
and his testimony in the Court
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
when he recorded his statement before the Court and that, in any
event, from the statement of the two child witnesses, it clearly emerged that ... statement which
are material and deserve attention. There was no question of doubting the
statement of PW1 merely because, while recording her statement before
facts stated by her. We have gone through the said statement. The child
was cross-examined at length by the learned defence counsel. Many
questions ... convinced
about the quality of the statements and its reliability, base
conviction by accepting the statement of the child witness. The
fact that the witness
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
argued
that statement of child witness is notoriously dangerous and
child is prone to tutoring and, therefore, evidence of child
witness has to be scrutinized ... child witness as well. Since such child was not
alien to accused, at the time of trial, Master Aman was
permitted to make statement right
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