Eesampalli Srinivas vs Vs on 2 December, 2017
The same view was taken in Gul
Singh @ Guliya v. State of M.P and Satish v. State of
Haryana
P.W.4 is not only a child witness but also an eye witness. No
doubt the questions and answers put to the child witness should
have been recorded by the learned Judge, but that is only to
understand the capacity of the witness to depose the facts.
Though it does not vitiate the trial, it helps the appellate Court in
appreciating the evidence, as the witness would not be available
before the appellate Court. This Court also feels that in a case
like this, it is always advisable to record the deposition in the
language used by the witness verbatim as is provided under
Section 277 Cr.P.C. For the purpose of better clarity, the relevant
Sections of Cr.P.C are extracted hereunder: