LAW FOR ALL

Sections 366, 368/34 , Section 376(2)(g) , Section 307/34, Section 302/34 of the Indian Penal Code- Child Witness -Trial court convicted all accused under all counts - High court as regards appellant No.2 –Roomal s/o Dalsingh Bhil, No.3 Gulab s/o Thavriya Bhil and No.4 – Mohan s/o Gobriya Bhil is partly allowed. their conviction u/s 376(2)(g) only is set aside.- objections - all the accused were not named in the FIR by Mohan (PW 1) and prosecutrix (PW 3) did not know the accused and learnt about their names only from their conversation. PW 6 was child witness and his testimony could not be accepted. - Apex court held that Though in the FIR only Gul Singh was named, in the statement of Sunder Lal (PW 6) to the police all other accused were immediately named . It is well settled that evidence of child witness cannot be rejected unless the same is tutored or unless the same is unreliable. In the present case not only the evidence of the child witness is reliable and not tutored, it is corroborated by other testimony. The complainant and prosecutrix have no axe to grind against the accused persons. The accused had the motive to kidnap Parubai and they trespassed into her house armed with various weapons and caused death of one family member and caused injuries to other family members and abducted the prosecutrix who was recovered after 4-5 days. All the accused have thus been rightly convicted and sentenced and as such dismissed the appeals = CRIMINAL APPEAL NO.667 of 2011 GUL SINGH @ GULIYA & ORS. ..... APPELLANTS VERSUS STATE OF M.P. & ANR. ..... RESPONDENTS = 2014 - Sept. Month - http://judis.nic.in/supremecourt/filename=41927