VidhiSangh

Supreme Court of India · 09/07/2019

P RAMESH versus STATE REP BY INSPECTOR OF POLICE

[2019] 10 S.C.R. 875 · 2019 INSC 737

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Summary

Child witnesses could not be excluded merely because they could not identify the judge and lawyers. Competency turns on understanding questions and giving rational answers, assessed through relevant preliminary questions. The High Court properly remanded the murder trial for objective assessment and, if competent, examination of the two children, with cross-examination and defence rebuttal protected. The lapse of time did not justify leaving the erroneous exclusion unremedied.

Issues

  1. Whether inability to identify the judge or lawyers rendered the children incompetent witnesses.
  2. Whether the High Court could order a limited remand in the accused’s appeal to remedy wrongful exclusion of their evidence.

Provisions considered

Held

Result

Appeal dismissed; the High Court’s remand for objective competency assessment and examination of the children, with cross-examination and defence rebuttal safeguards, upheld. Evidence to be recorded in a child-friendly environment. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2019] 10 S.C.R. 875.