Facts of the Case
A young boy was allegedly subjected to indecent assault by an offender. Shortly after the incident, the boy made a statement to his mother, describing what had occurred.
The prosecution seeks to rely on this statement as evidence to prove the offence. The question arises whether such a statement can be admitted under the doctrine of res gestae as provided in the Indian Evidence Act, 1872.
Issues in the Case
- Whether the statement made by the boy to his mother is admissible as part of res gestae?
- What are the conditions under which statements are considered part of res gestae under the Evidence Act?
- What is the evidentiary value of such a spontaneous statement made immediately after the incident?
Legal Principles Covered to Support Case Proceedings and Judgments
A. Res Gestae – Sections 6 and 7 of the Indian Evidence Act
- Section 6: Explains the relevancy of facts forming part of the same transaction, known as res gestae.
- Section 7: Statements accompanying an act and explaining the circumstances of the act are relevant, even if they are normally hearsay.
Key Principle:
A statement is admissible as res gestae if it is:
- Made immediately before, during, or after the act, and
- Has a direct connection with the act, helping to explain it.
B. Spontaneous Declarations
- Indian courts have recognized that spontaneous statements made by a victim soon after a traumatic incident are highly reliable because:
- They are made without time for fabrication, and
- They arise from the natural excitement or shock caused by the event.
- Such statements are relevant and admissible, even though they are technically hearsay.
C. Judicial Precedents
- K. B. Yadav v. State of Maharashtra – Held that statements of a child immediately after a sexual offence are admissible as res gestae.
- State of U.P. v. Ram Sagar Yadav – Emphasized that a spontaneous declaration to a parent or near relative explaining the incident falls within res gestae and may be used in evidence.
In the present case, the boy’s statement to his mother immediately after the assault qualifies as a res gestae declaration.
D. Conditions for Admissibility
- The statement must be spontaneous, not prompted or elicited through interrogation.
- It must relate directly to the act and not merely be a narration of events at a later time.
- It is particularly strong when made by a child or young victim, who may not be able to testify formally in court.
Possible Judgment
The Court is likely to hold that:
- The statement made by the young boy to his mother shortly after the indecent assault is admissible as res gestae under Sections 6 and 7 of the Indian Evidence Act, 1872.
- Being a spontaneous declaration, it carries high evidentiary value and may be used to corroborate the prosecution’s case.
- The statement can be considered even though the boy may later give formal testimony, as it explains the circumstances and impact of the act.
- The Court may rely on such statements to establish identity of the offender and the occurrence of the offence, subject to cross-examination.
Final Decision
The boy’s statement to his mother is admissible as res gestae, forms relevant evidence under Indian Law, and may significantly strengthen the prosecution’s case regarding the indecent assault.
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