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Supreme Court Of India

(From : Madhya Pradesh)*

Hon'ble Judge(s): B. S. Chauhan, P. Sathasivam , JJ

(A) Evidence Act (1 of 1872) , S.3, S.118— Child witness - His evidence can be @page-CriLJ2298relied upon if his deposition inspires confidence and is free of embellishments or improvements. Deposition of child witness may require corroboration but in case his deposition inspires the confidence of the Court and there is no embellishment or improvement therein the Court may rely upon his evidence. The evidence of a child witness must be evaluated more carefully with greater circumspection because he is susceptible to tutoring. Only in case there is evidence on record to show that child has been tutored the Court can reject his statement partly or fully. An inference as to whether child has been tutored or not can be drawn from the contents of his deposition.(Para 13) (B) Criminal P.C. (2 of 1974) , S.386— Appeal against acquittal - Interference - Only in case judgment is perverse - Two views are possible - Not a ground for interference. Constitution of India , Art.134— The appellate Court dealing with an appeal against acquittal can interfere only if judgment under appeal is perverse. The appellate Court being the final Court of fact is fully competent to reappreciate, reconsider and review the evidence and take i....