SC acquits man on death row, says can’t rely on child witness’ testimony

New Delhi, Jan 6 : The Supreme Court has acquitted a man who was sentenced to death for his alleged involvement in a case wherein four persons, including two minors, were killed in Uttar Pradesh in 2008.
A bench headed by Justice U.U. Lalit and comprising Justices Indu Malhotra and Krishna Murari said the court cannot rely on the version of a child witness.
“In the circumstances, we do not find it safe to rely on the version given by the child witness in the instant case, who was about five years of age when the incident had occurred,” said the bench.
The bench observed that corroboration of the testimony of a child witness is not a rule but a measure of caution and prudence. The top court emphasised that it is difficult to rely on the testimony of the child witness, who is the son of one of the victims, and death sentence cannot be awarded to the accused on this basis.
The bench also acquitted the other two accused who were sentenced to life in the case by a trial court. The Allahabad High Court had upheld the trial court order.
Acquitting the accused for alleged offence under Section 396 of IPC (dacoity and murder), the bench said: “We accept the appeals preferred by accused Hari Om, Sanjay @ Sonu and Saurabh @ Sanju. While setting aside the orders of conviction and sentence recorded against them, we acquit them of all the charges levelled against them.”