Bombay HC upholds conviction under Sec. 302 IPC of the appellant by a child’s testimony
Title: Nijam S/o. Chindhu Tadvi v. State of Maharashtra
Decided on: 10.08.2023
+ CRIMINAL APPEAL NO. 63 OF 2022
CORAM: SMT. VIBHA KANKANWADI AND ABHAY S. WAGHWASE, JJ.
Facts of the Case:
The Respondent was convicted of Murder of the wife of the informant and was convicted under Sec.302 IPC. This conviction order is challenged by the Respondent in the current appeal.
Contentions
The appellant claims that except the testimony of the child, there was no other evidence of the appellant committing the said crime. They also tried to establish that according to the child’s own testimony he was at school and therefore, couldn’t witness the incident. Even the alleged murder weapon was found at someone else’s house under their possession. Therefore, the order is prayed to be set aside.
The Respondent claims that the child merely left to go to school but came back after seeing the appellant entering his house. The testimony of the child is unchanged and is claimed to be untutored. Therefore, the testimony of the child must be valid. Regarding the recovery of weapon, scientific evidence has been proved.
Decision
The Court upheld the child’s testimony as it was proved to be true and free from tutoring. The testimony of the child as a prime-witness was upheld and the conviction order was upheld too.
The appeal was dismissed thereof.
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
Written by- Aparna Gupta, University Law College & Dept. of Studies in Law