The person and his family were arrested on the statement of 4 years child that her mmother was burnt alive by her father. However, the victim while giving dying declaration that it was an accident. The spilt kerosen on the floor caught fire duet to lighted match fallen accidently . The victim was unaware of the fire and her saree caught fire and she was burnt. Howevr, there was fight between husband and wife and the husband had beaten with a stick. There was no statement as such in her dying declaration. The next day the neighbours and some social workers asked the child and her statement was taken by the police. the police arrested the mother inlaw, the husband and the sister of the husband u/s498 A.
Whether merely on the statement of a child (minor of 4 years ) be treated as authentic and is admissible in this case ? Are there any case laws ?
Adv. Sandeep Naik
Mob: 99670 56980
e-mail : sandystorm_1995@rediffmail.com