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Sandeep Naik (Advocate)     21 November 2011

Can police arrest the person on the statements of minor ?

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 



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 3 Replies

pratik (self working)     21 November 2011

like to know.

N.K.Assumi (Advocate)     26 January 2012

It is not the minor or Major: but considering the tender age of the minor in the present case, certainly it not safe to take such statements on records, however time is the essence of making such statements which the court should scurpously scrutunized the statements considering also under whose custody the child was kept at the time of making the statements: For child witness you may rely on state of U.P Vs Krishna Master & Ors Supreme Court Criminal Appeal No.1180 of 2004. It is circumstancial evidenec alone will clinch the issue as to whether it was accidental or homicide. Considering there was a quarrel between the husband ad the wife and the husband beating his wife with a stick may lend to motive of the commission of the offence by the husband and certainly police should arrest the husband, and investigation be conducted. 

Sudhir Kumar, Advocate (Advocate)     28 January 2012

Minority, Insanity, disability, illiteracy  is no bar on the competence of witnesses as long as in the opinion of court he can understand the question and can covey the reply.

 

I want to know if any university give law degree without teaching Evidence Act.

 


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