Child witness– A child as young as 5/6 years can depose evidence if she understands the questions and answers in a relevant and rational manner. The age is of no consequence, it is the mental faculties and understanding that matter in such cases. Their evidence, however, has to be scrutinised and caution has to be exercised in each individual case. The Court has to satisfy itself that the evidence of a child is reliable and untainted. Any sign of tutoring will render the evidence questionable if the Court is satisfied, it may convict a person without looking for corroboration of the child’s evidence. As regards credibility of child witness, it is now established that all witnesses who testify in Court must be competent or able to testify at trial. In general, a witness is presumed to be competent. This presumption applies to child witnesses also. ...Abdul Haque(Md.) =VS= The State, (Criminal), 2021(1) [10 LM (AD) 472] ....View Full Judgment

Preliminary examination of a child witness– Testing of intelligence of a witness of a tender age is not a condition precedent to the reception of his evidence. Therefore, preliminary examination of a child witness is not at all necessary. ...Abdul Haque(Md.) =VS= The State, (Criminal), 2021(1) [10 LM (AD) 472] ....View Full Judgment