30
(vide Prakash v. State of M.P.13; Baby Kandayanathil v.
State of Kerala14; Raja Ram Yadav v. State of Bihar15;
Dattu Ramrao Sakhare v. State of Maharashtra16).
7. To the same effect is the judgment in State of U.P. v.
Ashok Dixit17.
8. In this case Bhavya (PW 2) when appeared before the
trial court was of 6 years of age. After questioning the
witness, the Sessions Judge found, “though the girl is 6
years old she is active and she understands everything”.
Without administering the oath to the witness her statement
was recorded wherein she stated:
“I know Saroja, I call her as ammayi, she
is my aunt. The person sitting in the court box is
my uncle. His name is Suryanarayana. Since I
call him as uncle, he is my uncle.
My aunt Saroja is now dead. I know how
she died. Several days back after taking lunch
my ammayi i.e. my aunt Saroja and myself went
to the lake to wash the clothes and to take bath.
On that day, my uncle Suryanarayana sitting in
the court pierced with a knife the stomach and
neck of my ammayi. Hence she suffered injuries
and her entire body covered with blood. My
ammayi while running after being injured, fell
down, I screamed. Immediately I ran and told my
father and mother that uncle killed the aunt. If
the knife is shown I can identify (a white cloth
bag sealed, was opened). I have seen the knife
now. With the same knife that day my uncle
pierced my ammayi (this was marked as Ext. P01) on that day. Police asked me as to what
happened, I have told everything to the police.”
9. In her cross-examination the witness stated that before
the date of occurrence the deceased was living with her
(witness) parents. At the time of occurrence the witness
used to go to aanganwadi school. The witness denied the
suggestion that she had not gone with the deceased to wash
13
14
15
16
17
(1992) 4 SCC 225 : 1992 SCC (Cri) 853
1993 Supp (3) SCC 667 : 1993 SCC (Cri) 1084
(1996) 9 SCC 287 : 1996 SCC (Cri) 1004
(1997) 5 SCC 341 : 1997 SCC (Cri) 685
(2000) 3 SCC 70 : 2000 SCC (Cri) 579
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