Supreme Court Acquits Appellant in Child Witness Testimony Not Reliable - absence of important corroborative evidence

In a significant ruling, the Supreme Court of India has acquitted the appellant, Pradeep, in a criminal appeal challenging his conviction for various offenses, including murder. The judgment, delivered by Hon'ble Mr. Justice Abhay S. Oka and Hon'ble Mr. Justice Rajesh Bindal, delves into the reliability of testimony given by a child witness and the need for corroboration in such cases. The decision, rendered on July 5, 2023, has far-reaching implications for future trials involving child witnesses.

The case pertained to the gruesome murder of Pradeep's mother, witnessed by his younger brother, Ajay, who was 11 years old at the time. The prosecution primarily relied on Ajay's testimony, which implicated Pradeep and another accused in the crime. However, the defense challenged the reliability of the child witness's account, citing contradictions, improvements, and the possibility of tutoring.

The court carefully examined the evidence, including the child witness's testimony, and found it to be lacking corroboration and filled with inconsistencies. It noted that the preliminary examination of the child witness, which is crucial in determining competence, had been inadequate. Moreover, the prosecution's failure to examine the milkman to whom Ajay initially disclosed the incident raised doubts about the witness's credibility. The court highlighted the absence of important corroborative evidence and non-matching footwear impressions found at the crime scene.

In its judgment, the court emphasized that corroboration of a child witness's testimony is not a strict requirement but rather a measure of caution. However, it also stated that careful scrutiny and a robust preliminary examination are necessary to evaluate the reliability of such testimony, considering the potential vulnerability of child witnesses to tutoring and the importance of their comprehension of the truth-telling obligation.

Ultimately, based on the unreliability of Ajay's testimony and the deficiencies in the prosecution's case, the Supreme Court allowed the appeal, setting aside the convictions against Pradeep. The appellant was acquitted of all charges, and his bail bonds were canceled.

DATE OF DECISION: 5th July 2023

Pradeep  vs  The State of Haryana