A Single bench of Justice Sanjay Dhar has while analysing the law with regard to assessment of statement made be a child witness observed that the court while doing so has to take into account the fact that a child witness is vulnerable and susceptible under imposing atmosphere which a courtroom presents.
The Appellant had challenged conviction under Section 376 r/w 511 of RPC on various grounds inter alia that the victim girl, while making her statement during the trial of the case, has not stated anything against the appellant but in spite of this, the learned trial court has convicted the appellant on the basis of uncorroborated testimony of other Prosecution Witness.
The court while noting the fact that the victim girl was aged only six years at the time of the occurrence and a little above nine years at the time when she made statement before the trial court. The court observed that having regard to her tender age, she cannot be expected to depose with perfection and narrate minute details of the incident. Further the court observed that A child witness is vulnerable and susceptible to be swayed by what others tell and his/her perception of the things is different from adults. Some aspects of the matter, which appear very vital to an adult witness, may not appear to be so to a child witness. Therefore, while assessing and evaluating the statement of a child witness, a different approach has to be adopted by a Court.
Taking note of the law laid by a Division Bench of the High Court of Delhi, in the case of State vs Sujeet Kumar, 2014 SCC Online Del 1952 the court held that the law with regard to assessment of statement made be a child witness observed that the court while doing so has to take into account the fact that a child witness is vulnerable and susceptible under imposing atmosphere which a courtroom presents.
The court accordingly upheld the conviction and also appreciated the trial court for the manner in which the evidence of the witnesses had been appreciated and the judgment has been drafted.
