Supreme Court · 2023 INSC 599 · Decided 5 July 2023
Pradeep v. The State of Haryana
- Court
- Supreme Court of India
- Citation
- 2023 INSC 599 · [2023] 10 S.C.R. 1021
- Case number
- CRIMINAL APPEAL No. 553/2012
- Decided
- 5 July 2023
- Bench
- ABHAY S. OKA, RAJESH BINDAL (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 449, 324, 34, 302; Evidence Act Section 118
Headnote
Evidence - Testimony of child witness - Sole basis of conviction - When not proper - Appellant along with co-accused was convicted for the offences punishable u/s. 302 r/w s.34, IPC and ss. 449, 324 r/w s.34, IPC based on the testimony of PW-1, minor son of the deceased was under a duty to record his opinion that the child is able to understand the questions put to him and that he is able to give rational answers - Trial Judge must also record his opinion that the child witness understands the duty of speaking the truth and state why he is of the
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