38
accept that accused Hari Om was a known face to PW5 Ujjwal, and the fact
that the incident occurred inside the house where PW5 Ujjwal would
naturally be available, but on the issue whether he had witnessed the
incident, the glaring inconsistencies on record cannot be discarded. In
Suryanarayana9 after setting out the guiding principles for appreciation and
consideration of the evidence of a child witness, this Court had found in
paragraph 9, that there were no doubts at all with regard to the veracity to
the testimony of the child witness, nor were there any inherent defects. The
name of the child witness figured in that case in the FIR and Inquest; and
right from the initial stages, her presence was adverted to, which is why no
doubts could be entertained. However, such doubts and defects are quite
evident in the present matter.
25.
In Digamber Vaishnav and Another vs. State of Chhattisgarh18, a
bench of three Judges of this Court, while considering the matter in the light
of the fact that the child witness had not disclosed about the accused in the
first instance, observed:“…..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 the
first time. This is reflected from the FIR which has been
registered against unknown persons. In such circumstances,
it is risky to rely on the uncorroborated identification of the
appellants at the instance of PW 8, who has not disclosed
18
(2019) 4 SCC 522
選擇目標文字3
連接到段落
連接到實體
取消高亮顯示
新增到目錄