circumstances, as enumerated hereafter, there is the evidence of two child
witnesses. The trial Court put several questions to ascertain whether the
two child witnesses ... questions put to them. The trial Court found that
the two child witnesses had answered all the questions properly. The trial
Court was satisfied that
main eye-witnesses who were examined on behalf of
prosecution are child witnesses. Dinoop (PW3) aged about seven years was
a student of Class ... traumatic incident
may vary from child to child. Trial Court held that the mind of a child
would be very clear and they would have
Trial court for that purpose
Court‟s approach towards Child victims and child witnesses
42. A few words here about the manner in which depositions ... deliberated on child
developmental psychology other than to issue guidelines prescribed for the
examination of child witnesses based on basic knowledge of child
psychology
child to have his or her best interests
given primary consideration in all matters concerning the
child. They provide that child complainants and
witnesses should ... alleged
perpetrator and in a child-friendly atmosphere.77 This
means that, where necessary, child witnesses should be
assisted by professionals in giving their testimony
they were standing in the court. At the same time, the child witnesses had stated that
they had come to depose in evidence about ... Trial Court had adverted to the statements of the two child
witnesses which were recorded under Section 164 of the Code of Criminal Procedure
Sanjay Kumar Valmiki vs State on 24 May, 2018
Author: C. Hari Shankar
Bench: S
clear his conclusion was
erroneous. This precaution is necessary because child
witnesses are amenable to tutoring and often live in a
world of make beliefs ... Though it is an established principle
that child witnesses are dangerous witnesses as they are
pliable and liable to be influenced easily, shaped and
moulded
apparent from the various authorities on
the point, is that child witnesses are usually regarded as
susceptible to tutoring; consequently, Courts have
consistently held that ... observed
as under, with respect to the evidence of child witnesses:
―16. At this stage, it is necessary to recapitulate
the law regarding the appreciation
fatal to throw away the
innocent version given by both the child witnesses who had no animosity
with the accused to falsely implicate ... appellant vehemently contended that
PW-6 and PW-11 were child witnesses and it was improbable for them to
identify the culprit
State Of Haryana vs Rai Sahib And Ors. on 28 April, 1992
Equivalent citations: 1993CRILJ636
