- In Amrita Anand @ Tribhuvan vs State of UP and anr. the Hon’ble Allahabad HC has observed that the competency certificate of a child witness is not required if the child witness gives rational answers to the questions put to him and his testimony remains unshaken and inspires confidence of the Court.
- It is important to note that section 118 of the Indian Evidence Act states that all persons are competent to testify if they are capable of understanding the questions put to them and giving rational answers to those questions. Nowhere has it been mentioned that a competence certificate is required in case the person giving the testimony is a child.
- The present appeal was filed against the order of conviction passed by the POCSO Court against a 60 year old man for sexually assaulting a 4 year old girl child. He was sentenced to undergo 7 years rigorous imprisonment.
- The primary contention of the appellant was that the lower court had not given any certificate regarding the competence of the child witness, who is also the victim. The appellant relied upon the case of P. Ramesh vs State represented by Inspector of Police (2019) SCC.
- The Hon’ble HC was of the view that the Judge was at liberty to test the capacity of the child witness by questioning him/her to find out if the child is capable of understanding the circumstances that had occurred and to speak the truth before the Court.
- The Court relied upon the decision of the Apex Court in the case of Dattu Ramrao Sakhare vs State of Maharashtra (1997)SCC wherein it was held that where the Court is satisfied that the child witness below the age of 12 is a competent witness, he/she can be examined without oath or affirmation.
- Thus, the appeal was rejected and the judgement of the lower Court was sustained.
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