Legal worth of the child witness

Hon’ble Supreme Court of Azad Jammu and Kashmir in a case titled as Qadeer Hussain. The State (1995 P Cr. L. J 803) while embarking upon the legal worth of the child witness held as under:-

 “Article 3 is a rule of caution. The question in each case which a Court has to decide is whether a particular child who has appeared in the witness box is intelligent enough to be able to understand as to what evidence he or she is giving and to be able to understand the questions and be able to give rational answers. A child for tender years is not by reason of his youth, as a matter of law, absolutely disqualified as a witness. There is no precise age which determines the questions of competency. This depends upon the capacity and intelligence of the child, his appreciation of the difference between falsehood and truth, as well as his duty to tell the latter.”


Part Of Judgment
Lahore High Court
Criminal Appeal
875-15
2017 LHC 3506