RAMESHWAR versus THE STATE OF RAJASTHAN.

RAMESHWAR versus THE STATE OF RAJASTHAN.

Omission to administer oath to a child witness or record formal opinion on understanding the duty of truth does not affect admissibility or competency of her evidence. Corroboration of the prosecutrix's testimony, while desirable as a rule of prudence in sexual offences, is not a matter of law and may be dispensed with in suitable cases. In this case, the statement made by the prosecutrix to her mother shortly after the incident is admissible as corroborative evidence under Section 157 of the Evidence Act. Given the credibility of the prosecutrix and her mother, and in the absence of any cogent reason to distrust them, conviction based on such evidence is justified.

Parties
Appellant: Rameshwar; Respondent: The State of Rajasthan
Jurisdiction
India
Judgment Date
20 December 1951
Procedural Posture
Criminal Appeal / Supreme Court Appeal Under Article 134(1)(c) of the Constitution From High Court Judgment Reversing Acquittal and Restoring Conviction
Outcome
Appeal dismissed
Legal Topics
Rape, Corroboration of Witnesses, Testimony of Child Witness, Admissibility of Evidence, Indian Oaths Act, Indian Penal Code Section 376, Standards for Corroboration, Appellate Review
Criminal Law Constitutional Law Law of Evidence Rape Corroboration of Witnesses Testimony of Child Witness Admissibility of Evidence Indian Oaths Act +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Rameshwar

Appellant

The State of Rajasthan

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal Under Article 134(1)(c) of the Constitution From High Court Judgment Reversing Acquittal and Restoring Conviction

Legal Issues

  1. 1 Whether omission to administer oath to a child witness affects admissibility and competency of evidence
  2. 2 Whether corroboration of a prosecutrix's evidence is essential in rape cases
  3. 3 What constitutes sufficient corroboration—nature and extent

Ratio Decidendi

Omission to administer oath to a child witness or record formal opinion on understanding the duty of truth does not affect admissibility or competency of her evidence. Corroboration of the prosecutrix's testimony, while desirable as a rule of prudence in sexual offences, is not a matter of law and may be dispensed with in suitable cases. In this case, the statement made by the prosecutrix to her mother shortly after the incident is admissible as corroborative evidence under Section 157 of the Evidence Act. Given the credibility of the prosecutrix and her mother, and in the absence of any cogent reason to distrust them, conviction based on such evidence is justified.

Court Disposition

Appeal dismissed

Orders

  • Appellant to surrender to his bail, serve out sentence, and pay the fine.