Supreme Court of India
Pradeep v. The State of Haryana
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the view that the learned Sessions Judge has not done his duty.
Judgment, page 9
From the headnote
Evidence – Testimony of child witness – Sole basis of conviction – When not proper – Appellant along with co-accused was convicted for the offences punishable u/s. 302 r/w s.34, IPC and ss. 449, 324 r/w s.34, IPC based on the testimony of PW-1, minor son of the deceased – Held: In view of the requirement of s.118, Evidence Act, the Trial Judge was under a duty to record his opinion that the child is able to understand the questions put to him and that he is able to give rational answers – Trial Judge must also record his opinion that the child witness understands the duty of speaking the…
Where later benches applied it
Of those, 1 relied on
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