A statement was made by an young boy to his mother shortly after indecent assault on him by the offender. Is it admissible as res gestae? Discuss.

Facts of the Case

• A young boy was subjected to an indecent assault by an offender.
• Immediately or shortly after the incident, the boy ran to his mother and narrated the assault that had just occurred.
• The prosecution seeks to adduce the statement made by the boy to his mother as evidence in the trial of the offender.
• The defense objects, arguing that:
  • The statement was not made before the police or magistrate,
  • It is hearsay,
  • It should not be admitted as substantive evidence.
• The question is whether this statement can be admitted under the doctrine of res gestae under the Indian Evidence Act.

Issues in the Case

1. Whether the statement made by the boy to his mother immediately after the assault amounts to res gestae?
2. Whether such a statement is admissible under Section 6 of the Indian Evidence Act?
3. Whether the timing of the statement and absence of prompting or fabrication makes it reliable?
4. Whether the spontaneity and emotional shock of the boy make the statement part of the same transaction?
5. Whether the mother’s testimony narrating the boy’s words is admissible?

Legal Principles Covered to Support Case Proceedings and Judgments

A. Section 6 – Res Gestae (Indian Evidence Act, 1872)

Facts which are so connected with a fact in issue as to form part of the same transaction are relevant, whether they occurred at the same time and place or at different times and places.

Important conditions for res gestae:

• Statement must be spontaneous.
• Statement must be immediate or close in time to the incident.
• No time for fabrication or reflection.
• Must be connected as part of the same transaction.

Application to the case:

• The boy narrated the incident immediately after the assault.
• Due to his age and emotional shock, the statement is spontaneous and natural.
• The statement occurs during the period when the stress of the assault still dominates his mind — making it part of the same transaction.

B. Case Law

1. Ratten v. R. (1971)

Privy Council held:

• Statement made under the stress of excitement caused by an event is admissible as part of the same transaction.

2. Bishna @ Bhiswadeb v. State of West Bengal (2005) SC

• Statements made immediately after an event, without time for reflection, are admissible as res gestae.

3. Sukhar v. State of U.P. (1999) SC

• A statement of an injured victim made immediately to a witness was held admissible as res gestae.

C. Statements of Children as Res Gestae

• Courts recognise that children naturally react spontaneously.
• Statements made by a child in fear, under shock, or immediately after an offence are usually admitted.
• The mother’s testimony repeating the child’s words is not hearsay when admitted under Section 6.

D. Rationale

• Immediate statements have high evidentiary value because:
  • They are instinctive,
  • Free from concoction,
  • Made under the influence of the event.

Possible Judgment

A. Statement is Admissible as Res Gestae

The court will likely hold that:

1. The boy’s statement to his mother was made immediately after the indecent assault, leaving no scope for fabrication.
2. The trauma of the event was still ongoing; thus, the statement is spontaneous and natural.
3. Under Section 6, the statement forms part of the same transaction, and therefore, it is relevant.
4. The mother’s testimony repeating the child’s statement is admissible, not as hearsay, but as part of the res gestae doctrine.

B. High Probative Value

• The statement, although not a dying declaration or Section 164 CrPC statement, carries high evidentiary weight because of spontaneity and emotional continuity.

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