Kanoon Ki Dastak
Srinagar, April 22: The Jammu and Kashmir High Court has upheld the conviction of a man accused of raping a four-year-old girl, emphasizing the need for courts to adopt a sensitive and nuanced approach while evaluating the testimony of child witnesses.
The High Court dismissed the appellant’s argument that the victim’s cross-examination—where she reportedly stated that the accused had only touched her private parts—did not amount to rape. The defense had contended that the charges should be limited to outraging modesty or at most, an attempt to rape. However, the High Court rejected this line of reasoning.
“The contention of learned counsel for the appellant… appears to be attractive but in the present case, we have to consider the fact that the victim was only four years old at the relevant time,” the Court observed. “Her statement has to be appreciated in the light of the attending circumstances.”
In a significant observation, the Court stressed that a child witness cannot be expected to provide a flawless account due to their age and emotional vulnerability. “A child witness is vulnerable and susceptible to be swayed by what others tell and his/her perception of things is different from adults,” the bench stated. “There are bound to be some imperfections and contradictions in her statement having regard to her tender age.”
The Court also remarked that details which may seem vital to an adult may not carry the same weight in the eyes of a child. “Therefore, while assessing and evaluating the statement of a child witness, a different approach has to be adopted by a Court,” it said.