Promode Dey Vs. State of West Bengal
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Head Note
The Indian Evidence Act, 1872 - Section 118
Child witness - Murder Case - Accused convicted and sentenced to life imprisonment on sole testimony of daughter of deceased aged 8 years - Held - (i) The witness answered the first few questions put by the court very smartly and intelligently and the Court concluded that she could become witness in this case. (ii) Soon after the incident the witness told her father and grandmother that accused had killed the deceased with "daa". (iii) The "daa" was recovered at the instance of accused. (iv) Two days after the witness gave statement under Section 164 Criminal Procedure Code naming the accused and weapon of offence. (v) Medical evidence also did not contact the witness.
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