Supreme Court · 2008 INSC 218 · Decided 19 February 2008
Nivrutii Pandurang Kokate and Ors v. State of Maharashtra
- Court
- Supreme Court of India
- Citation
- 2008 INSC 218 · [2008] 3 S.C.R. 44
- Case number
- CRIMINAL APPEAL No. 345/2008
- Decided
- 19 February 2008
- Bench
- ARIJIT PASAYAT, P. SATHASIVAM (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 201; Evidence Act Section 118
Headnote
Penal Code, 1860- ss.302 and 201 r!w s.34 - Murder- Child witness stating that she saw the killing of her father by c her mother and others - Conviction of accused-appellants by Courts below on basis of evidence of said child witness - Justification of- Held, justified - Evidence of the child precise, specific and vivid - There was no embellishment therein - Evidence Act, 1872 - s.118. D Evidence Act, 1872 - s.118 - Evidence of child witness - Admissibility - Scope - Held: A child of tender age can be allowed to testify if he has intellectual capacity to understand questions and give
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