Perpetrators Of Sexual Offences On Innocent Children Are Psychosocial Deviants, Who Cannot Lay Any Claim To Leniency: Delhi HC [Read Judgment]

Perpetrators of sexual offences on innocent children are psychosocial deviants, who cannot lay any claim to leniency held Delhi High Court in Lokesh v. State. Court said that the law on the issue can be summarized to the effect that the deposition of a child witness may require corroboration, but in case his deposition inspires the confidence of the court and there is no embellishment or improvement therein, the court may rely upon his evidence. It referred to plethora of Supreme Court judgments on the subject matter, few amongst which are reproduced here: In Yogesh Singh v. Mahabeer Singh, 11 SCC 195, the Supreme Court held, with respect to the evidence of child witnesses: "It is well settled that the evidence of a child witness must find adequate corroboration, before it is relied upon as the rule of corroboration is of practical wisdom than of law." Similarly in Satish v. State of Haryana, 11 SCC 300, Supreme Court laid down that "One of the cardinal principles to be borne in mind, while assessing the acceptability of the evidence of a child witness, is that due respect has to be accorded to the sensibility and sensitivity of the Trial Court, on the issue of reliability of the child, as a witness in the case, as such decision essentially turns on the observation, by the Trial Court itself, regarding the demeanour, carriage and maturity of the concerned child witness." The Court has to ascertain, for this purpose, whether the witness is able to understand the questions put to him and give rational answers thereto, the demeanour of the witness is similar to that of any other competent witness, the witness possesses sufficient intelligence and comprehension, to depose, the witness was not tutored, the witness is in a position to discern between the right and wrong, truth and untruth, and the witness fully understands the implications of what he says, as well as the sanctity that would attach to the evidence being given by him.