Evidence Law - Litigating Hand

Rohit vs. State [CRL.A. 333/2020 & CRL.M.(B.) 7465/2020]: Delhi High Court

Conviction on the sole evidence of the child witness is permissible, if the witness is found competent and the testimony is trustworthy

21. The law on the evaluation of the testimony of a child victim is well settled. This Court in the case of Sudarshan Mishra v. State reported as while relying on the earlier decisions of the Apex Court and this Court, found the testimony of the child witness to be credible and observed as follows:

“17. In Dattu Ramrao Sakhare v. State of Maharashtra reported as MANU/SC/1185/1997 : (1997) 5 SCC 341, the Supreme Court held that conviction on the sole evidence of the child witness is permissible, if the witness is found competent and the testimony is trustworthy. Similarly, in State of Rajasthan v. Om Prakash reported as MANU/SC/0416/2002 : (2002) 5 SCC 745 while reversing the decision the High Court and upholding the conviction of the appellant, the Court held:–
13. The conviction for offence under Section 376 IPC can be based on the sole testimony of a rape victim is a well-settled proposition. In State of Punjab v. Gurmit Singh reported as MANU/SC/0366/1996 : (1996) 2 SCC 384, referring to State of Maharashtra v. Chandraprakash Kewalchand Jain reported as MANU/SC/0122/1990 : (1990) 1 SCC 550 this Court held that it must not be overlooked that a woman or a girl subjected to sexual assault is not an accomplice to the crime but is a victim of another person’s lust and it is improper and undesirable to test her evidence with a certain amount of suspicion, treating her as if she were an accomplice. It has also been observed in the said decision by Dr. Justice A.S. Anand (as His Lordship then was), speaking for the Court that the inherent bashfulness of the females and the tendency to conceal outrage of sexual aggression are factors which the courts should not overlook. The testimony of the victim in such cases is vital and unless there are compelling reasons which necessitate looking for corroboration of her statement, the courts should find no difficulty to act on the testimony of a victim of sexual assault alone to convict an accused where her testimony inspires confidence and is found to be reliable. Seeking corroboration of her statement before relying upon the same, as a rule, in such cases amounts to adding insult to injury.
14. In State of H.P. v. Gian Chand reported as MANU/SC/0312/2001 : (2001) 6 SCC 71 Justice Lahoti speaking for the Bench observed that the court has first to assess the trustworthy intention of the evidence adduced and available on record. If the court finds the evidence adduced worthy of being relied on, then the testimony has to be accepted and acted on though there may be other witnesses available who could have been examined but were not examined.