A child of seven years is an eye witness in a dowry death case where in the father of the child is accused. The prosecution produced the child as a witness. There is an objection from the accused that the child cannot be a witness. Decide.

Facts of the Case

In a dowry death case, the deceased was allegedly harassed and ultimately died due to injuries inflicted in connection with dowry demands. The father of the deceased is the accused in the case.

The prosecution intends to produce the child of the deceased, aged seven years, as an eyewitness. The child was allegedly present at the scene when the events leading to the death occurred. The child may have observed acts of harassment or violence by the accused.

The accused objects to the child being called as a witness, arguing that a child of seven years is too young to understand the proceedings, the questions, or the duty to speak the truth, and therefore cannot provide reliable testimony.

The prosecution contends that age is not the sole criterion for competency, and the child has the capacity to understand the questions posed and provide a truthful account of events. The court must determine whether the child’s testimony can be admitted and relied upon in such a sensitive and serious case.

Additional circumstances:

• The child’s proximity to the incident may provide first-hand information crucial to establishing facts.
• The case involves a family member as accused, making the evidence of a close witness like the child potentially decisive.

Issues in the Case

1. Competency of the child witness: Whether a seven-year-old child can be considered competent to testify under Section 118 of the Indian Evidence Act, 1872.
2. Reliability of testimony: Whether the testimony of such a young child can be considered credible and trustworthy, given the potential for misunderstanding questions or being influenced.
3. Objection of the accused: Whether the objection raised by the accused to exclude the child witness solely based on age is legally maintainable.
4. Evaluation of evidence: How the court should assess and corroborate the child’s testimony in light of the tender age and seriousness of the case.
5. Impact on the case: The significance of accepting or rejecting the child’s testimony on the prosecution’s ability to prove the charge of dowry death beyond reasonable doubt.

Legal Principles Covered to Support Case Proceedings and Judgements

A. Competence of a Witness – Section 118, Indian Evidence Act, 1872

Section 118 states that all persons are competent to testify unless the court considers them incapable of understanding questions or giving rational answers.

• Age alone does not disqualify a witness.
• Court may examine a child preliminarily to determine understanding and ability to testify.

B. Judicial Precedents

1. State of Maharashtra v. Ramesh (2002) – Children aged 6–7 can be competent witnesses if they understand the questions and narrate facts truthfully.
2. R. v. T.N. Vasudevan (Madras HC) – Competence depends on mental capacity, not chronological age.
3. Lalita Kumari v. State of U.P. (2013) – Testimony of child witnesses may be admissible and used with caution, corroborated where necessary.

C. Application to Present Case

• The child may have observed critical events, making the testimony relevant and important.
• The court may conduct a preliminary assessment to evaluate the child’s ability to understand questions and give rational answers.
• Evidence should be corroborated with other evidence due to the tender age of the witness.

Possible Judgement

The Court is likely to hold that:

1. The child of seven years is competent to testify under Section 118 of the Indian Evidence Act, 1872, provided the child understands the duty to tell the truth.
2. The objection of the accused cannot automatically exclude the child from testifying solely on the basis of age.
3. The court may accept the child’s evidence with caution, ensuring proper questioning and assessing comprehension.
4. The child’s testimony can be corroborated with other evidence to establish facts conclusively in the dowry death case.

Final Conclusion

A child of seven years can be produced as an eyewitness. Competence is determined by the ability to understand and respond rationally, not merely by age. Such testimony may be admissible and relevant, especially when corroborated with other evidence, under Section 118 of the Indian Evidence Act, 1872.

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