Supreme Court of India

State of Karnataka v. Shantappa Madivalappa Galapuji & Ors.

Neutral citation
Reported as [2009] 6 S.C.R. 729
Bench Dr. Arijit Pasayat and Asok Kumar Ganguly JJ.
Decided 20 April 2009

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

In view of the foregoing conclusions without even indicating as to how conclusions of the trial Court were in any v - F manner deficient or insufficient, the High Court ought not to have, on abrupt conclusions, directed acquittal.

Judgment, page 8

From the headnote

Evidence Act, 1872: s.118 - Testimony of child witness - Conviction by trial court based on evidence of child witness - Acquittal by High Court discarding such evidence - On appeal, Held: Trial court recorded that the child was capable of understanding the questions put to· him and was capable of giving rational answers to those questions and was competent to testify before Court - High Court did not indicate why reasoning of trial court was deficient - Matter remanded to High Court for consideration afresh - Appeal against acquittal. The High Court discarded the evidence of child witness and

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