(1.) The following important issues arise for consideration in the present appeal: (a) As to whether a minor witness is competent to testify in the Court in terms of Section 118 of the Indian Evidence Act, 1872 (hereinafter referred to as the Evidence Act) and whether her deposition can be considered for examining the guilt of the accused; (b) As to whether her testimony necessarily requires corroboration; and (c) As to whether testimony of the parents of the victim can be considered, applying the doctrine of res gestae, in view of Section 6 of the Evidence Act.
(2.) Assailing the judgment of conviction, wherein appellant Samar Das stands convicted for having committed an offence punishable under Section 376(1) IPC, learned counsel has made two submissions- (a) the appellant, on the date of the alleged crime, was a juvenile, hence the trial stands vitiated; (b) in any event, there is no corroborative medical evidence establishing the alleged crime.
(3.) We are dealing with a case where the appellant, who undisputedly claims himself to be more than 16 years of age, as on 28th of September, 2012, the date of the crime, allegedly subjected the prosecutrix, aged 6 years, to a sexual assault.
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