SREEKUTTAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The short question, which arises for consideration in this revision, is how far the evidence of a child witness aged 2-3 can be relied on.

(2.) This revision petition is directed against the judgment dated June 28, 1999 on the file of the Addl. Sessions Court, Alappuzha in SC No. 126 of 1998 convicting the revision petitioner / accused under S.376 of IPC and sentencing him to undergo rigorous imprisonment for three years and to pay a fine of Rs.2,000/-, in default to undergo simple imprisonment for one month, which was confirmed in appeal by the Addl. Sessions Court, Ad hoc - I (Fast Track), Alappuzha by judgment dated July 6, 2002 in Crl. A. No.175/1999.

(3.) The case of the prosecution, as shaped in evidence before the Trial Court, in brief, is this: - PW 15, de facto complainant was a girl aged 2 years and 10 months on the date of the incident. PWs 1 and 2 are her parents. Accused is their neighbour. PW 6 is the brother - in - law of the accused. On November 17, 1996 at about 6.30 p.m. PW 1, father of PW 15, went to the house of one Unnikirhnan for watching TV programme. PW 2, mother of PW 15, went to the house of one Chellappan for watching TV programme along with PW 15. Before the end of a film PW 15 went out side the house. After some time PWs 1 and 2 returned to their house and enquired about PW 15. As she was missing, they searched for her. PW 6 on searching found PW 15 lying injured in the compound of 'Kids Balawadi' nearby in a helpless condition. She was unable to talk. She was bleeding from the vagina and lips. PWs 1 and 2 took her to the Medical College Hospital, Alappuzha. On the next morning PW 15 revealed to PWs 1, 2 and 3 (wife of elder brother of PW 1) that the accused had sexually assaulted her.