29
principle. While applying said principle to the facts of that case, this Court
in Suryanarayana9 observed:“5. Admittedly, Bhavya (PW 2), who at the time of
occurrence was about four years of age, is the only solitary
eyewitness who was rightly not given the oath. The time
and place of the occurrence and the attending circumstances
of the case suggest no possibility of there being any other
person as an eyewitness. The evidence of the child witness
cannot be rejected per se, but the court, as a rule of
prudence, is required to consider such evidence with close
scrutiny and only on being convinced about the quality of
the statements and its reliability, base conviction by
accepting the statement of the child witness. The evidence
of PW 2 cannot be discarded only on the ground of her
being of tender age. The fact of PW 2 being a child witness
would require the court to scrutinise her evidence with care
and caution. If she is shown to have stood the test of crossexamination and there is no infirmity in her evidence, the
prosecution can rightly claim a conviction based upon her
testimony alone. Corroboration of the testimony of a child
witness is not a rule but a measure of caution and prudence.
Some discrepancies in the statement of a child witness
cannot be made the basis for discarding the testimony.
Discrepancies in the deposition, if not in material
particulars, would lend credence to the testimony of a child
witness who, under the normal circumstances, would like to
mix-up what the witness saw with what he or she is likely
to imagine to have seen. While appreciating the evidence of
the child witness, the courts are required to rule out the
possibility of the child being tutored. In the absence of any
allegation regarding tutoring or using the child witness for
ulterior purposes of the prosecution, the courts have no
option but to rely upon the confidence inspiring testimony
of such witness for the purposes of holding the accused
guilty or not.
6. This Court in Panchhi v. State of U.P.12 held that the
evidence of the child witness must be evaluated more
carefully and with greater circumspection because a child is
susceptible to be swayed by what others tell him and thus
an easy prey to tutoring. The evidence of the child witness
must find adequate corroboration before it is relied upon, as
the rule of corroboration is of practical wisdom than of law
12
(1998) 7 SCC 177 : 1998 SCC (Cri) 1561
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