Supreme Court · 2003 INSC 28 · Decided 23 January 2003
Bhagwan Singh and ORS. v. State of M.P.
- Court
- Supreme Court of India
- Citation
- 2003 INSC 28 · [2003] 1 S.C.R. 506
- Case number
- CRIMINAL APPEAL No. 789/2002
- Decided
- 23 January 2003
- Bench
- S. RAJENDRA BABU, D.M. DHARMADHIKARI, G.P. MATHUR (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 11, 13; CrPC Section 161, 164
Headnote
Criminal Trial: Testimony of child witness-Reliability-Prosecution case that child eye­ witness to murder-Trial Court rejecting the version of the child due to certain omissions--,-High Court relying on the testimony convicted the accused-On appeal held, since testimony of child witness the· accused-Penal Code, I 860 S.ection D 102. Test identification parade-Necessity of-Discussed Code of Criminal Procedure, 1973: E Sections 164 and 313-Extra:judicial confession-Reliability of-Held, when judicial confession is not given voluntarily and more so when it is retracted it
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