Supreme Court · 2009 INSC 563 · Decided 20 April 2009
State of Karnataka v. Shantappa Madivalappa Galapuji & ORS.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 563 · [2009] 6 S.C.R. 729
- Case number
- CRIMINAL APPEAL No. 203/2005
- Decided
- 20 April 2009
- Bench
- ARIJIT PASAYAT, A.K. GANGULY (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 34; Evidence Act Section 118
Headnote
Evidence Act, 1872: s.118 - Testimony of child witness A B - Conviction by trial court based on evidence of child witness C - Acquittal by High Court discarding such evidence - On appeal, Held: Trial court recorded that the child was capable of understanding the questions put to· him and rational answers to those questions and was competent to testify before Court - High Court did not indicate D why reasoning of trial court was deficient - Matter remanded to High Court for consideration afresh - Appeal against acquittal. The High Court discarded the evidence of child E witness
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