Monday, 21 May 2012
mother can be independent witness in case of offence against daughtor
mother can be regard- ed as an "independent" witness. So far as this case is con- cerned, I have no doubt on that score. It may be that all mothers may not be sufficiently independent to fulfill the requirements of the corroboration rule but there is no legal bar to exclude them from its operation merely on the ground of their relationship. Independent merely means independent of sources which are likely to be tainted. In the absence of enmity against the accused there is no reason why she should implicate him falsely. It is true the ac- cused suggested that they were on bad terms but that has not been believed by anyone.
The main test is whether the statement was made as early as can reasonably be expected in the circumstances of the case and before there was opportu- nity for tutoring or concoction. It was suggested that the child could have complained to some women who were working in the neighbourhood, but that would not be natural in a child. She would be frightened and her first instinct would be to run home to her mother. .
Indian Penal Code (XLV of 1860), s. 376--Indian Evidence Act (I of 1872), s. 114 (b) 118, 133, 157--Indian Oaths Act (X of 1873), ss. 5, 6, 13--Rape on young girl--Necessity of corroboration of girl's testimony--Statement made to moth- er--Whether sufficient corroboration--Rule as to corrobora- tion--Nature and extent of corroboration necessary--Admis- sibility of statement made "at or about" the time of occur- rence--Admissibility of evidence of child under 12 years.
HEADNOTE:
https://www.lawweb.in/2012/05/mother-can-be-independent-witness-in.html
The main test is whether the statement was made as early as can reasonably be expected in the circumstances of the case and before there was opportu- nity for tutoring or concoction. It was suggested that the child could have complained to some women who were working in the neighbourhood, but that would not be natural in a child. She would be frightened and her first instinct would be to run home to her mother. .
Supreme Court of India
Rameshwar vs The State Of Rajasthan on 20 December, 1951
Equivalent citations: 1952 AIR 54, 1952 SCR 377
Bench: Bose, Vivian
ACT:Indian Penal Code (XLV of 1860), s. 376--Indian Evidence Act (I of 1872), s. 114 (b) 118, 133, 157--Indian Oaths Act (X of 1873), ss. 5, 6, 13--Rape on young girl--Necessity of corroboration of girl's testimony--Statement made to moth- er--Whether sufficient corroboration--Rule as to corrobora- tion--Nature and extent of corroboration necessary--Admis- sibility of statement made "at or about" the time of occur- rence--Admissibility of evidence of child under 12 years.
HEADNOTE:
https://www.lawweb.in/2012/05/mother-can-be-independent-witness-in.html
