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Criminal LawSupreme Court of India

P. Ramesh v. State Rep. by Inspector of Police

Criminal Appeal · 2019 INSC 737Decided 9 Jul 2019
Criminal Appeal No. 1013 of 2019
Dr. Justice D.Y. Chandrachud · Justice Indira Banerjee

Background

The appellant was convicted of murdering his wife and of cruelty under Section 498A IPC, and sentenced to life imprisonment. During trial, the judge declined to record the evidence of the couple's two young children (aged eight and six, witnesses to events around their mother's death) after they said they did not personally know the judge or the lawyers present, treating this as proof the children were incapable of testifying. The Madras High Court found this reasoning erroneous and remanded the case for the trial court to properly and objectively assess whether the children could testify and, if so, to record their evidence with an opportunity for the accused to cross-examine them; the accused then appealed this remand order to the Supreme Court.

Decision Breakdown

The Supreme Court held that a child witness's inability to identify the judge or lawyers by name or role is not a valid basis to exclude their testimony altogether: competency to testify depends on whether the child can understand and answer questions rationally, not on courtroom-specific knowledge. Relying on its own precedent (State of Maharashtra v. Bandu alias Daulat), the Court held that appellate courts have wide remedial powers, including ordering a fresh (de novo) examination of witnesses, to prevent a miscarriage of justice without needing to order a complete retrial. The Court directed that the children's evidence be recorded in a child-friendly environment, with the accused retaining full rights to cross-examine them, and dismissed the appeal, finding no merit in challenging the High Court's remand order.

Lesson Learnt

A child's testimony cannot be thrown out simply because the child does not recognize courtroom officials by name: courts must assess a child witness's actual capacity to understand and truthfully answer questions, and appellate courts can order such evidence be properly (re-)recorded rather than losing it altogether on a technicality.

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