Evidentiary Value of Child Witnesses and Common Intention Under Section 34 of the Indian Penal Code
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Case: ABDUL JAHID @ RAJU ABDUL RASHID v. THE STATE OF MAH, THR P.SO. P.S. WADGAON ROAD, YAVATMAL
Court: Bombay High Court
Date: 03-08-2026
Law: Code of Criminal Procedure, Indian Evidence Act, Indian Penal Code.
Highlights of the Judgment:
- Detailed examination of the evidentiary value and reliability of a child witness under Section 118 of the Indian Evidence Act.
- Analysis of the doctrine of res gestae and the admissibility of contemporaneous hearsay statements under Section 6 of the Evidence Act.
- Legal standards required for invoking Section 34 of the IPC regarding common intention, prior concert, and overt acts.
- Scrutiny of chemical analyzer reports and the recovery of blood-stained articles to corroborate eyewitness testimonies.
- Evaluation of the legal impact of delays in recording witness statements during criminal investigations.