Deposing Capacity' Of Child Witness Not Tested Before Taking Evidence: Patna HC Nixes Man's Conviction For Sexually Assaulting Minor Girl

The Patna High Court has overturned the conviction of a man accused of sexually assaulting a minor, citing the unreliability of the child witness’s testimony. The court noted that the trial court failed to test the child’s capacity to depose before taking evidence, as required under Section 118 of the Evidence Act. The prosecution could not prove the foundational facts of the alleged offenses beyond a reasonable doubt, and the evidence from the child witness was deemed feeble. The court emphasized that the victim and her parents did not support the prosecution’s case against the appellant. The ruling highlights the importance of ensuring the reliability of child witnesses’ testimony and the need for thorough examination before accepting their evidence in court. The judgment underscores the principle that convictions should be based on strong and credible evidence.