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testimony of a child with caution after substantial corroboration before
acting upon it. It was held that:
"36. It is a settled principle of law that a child
witness can be a competent witness provided
statement of such witness is reliable, truthful and
is corroborated by other prosecution evidence. The
court in such circumstances can safely rely upon
the statement of a child witness and it can form
the basis for conviction as well. Further, the
evidence of a child witness and credibility thereof
would depend upon the circumstances of each
case. The only precaution which the court should
bear in mind while assessing the evidence of a
child witness is that the witness must be a reliable
one and his/her demeanour must be like any
other competent witness and that there exists no
likelihood of being tutored. There is no rule or
practice that in every case the evidence of such a
witness be corroborated by other evidence before a
conviction can be allowed to stand but as a rule of
prudence the court always finds it desirable to
seek corroboration to such evidence from other
reliable evidence placed on record. Further, it is
not the law that if a witness is a child, his evidence
shall be rejected, even if it is found reliable."
24. It is clear from the testimony of PW-8 that she is not an
eyewitness to the incident. She was aged about 9 years at the time of
the incident. Her evidence is fraught with inconsistencies. None of the
other witnesses have identified the appellants.
Therefore, heavy
reliance was placed on the testimony of PW-8. She did not tell PW-1,
Badridas about the appellants while disclosing about the incident for
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