P L D 2020 Supreme Court 146
Qanun-e-Shahadat (10 of 1984)---
----Arts. 3 & 17---Child witness, testimony of---Evidentiary value---Capacity and intelligence of child witness---'Rationality test'---Scope---Essential conditions for a child, or for any person, to appear and testify as a witness, under Art.3 of the Qanun-e-Shahadat Order, 1984 was that the child or the person must have the capacity and intelligence of understanding the questions put to him, and also be able to rationally respond thereto---Such threshold was referred to as passing the "rationality test", and the practice that had developed with time was for the same to be carried out by the presiding Judge prior to recording the evidence of the child witness---Supreme Court observed that the "rationality test", which was applied by the presiding Judge at the commencement of the examination-in-chief of a child witness, should be made applicable throughout the testimony of the child witness; that if at any stage, the presiding Judge observed any hindrance or reluctance in the narration of events, the evidence should be stopped, and remedial measures should be taken to ease the stress and anxiety the child witness might be under, and if required, the case be adjourned to another date; and, that in case the child witness was still unable to narrate his testimony with ease, then the presiding Judge ought to record his findings on the demeanour of the child witness, conclude his evidence, and relieve him as a witness.
Child victim, testimony of---Hearsay rule---Exception---In cases where a child witness was also the victim of the crime and was unable to depose in the court room, and his evidence was "necessary" to find the truth, and the same had a ring of "circumstantial trustworthiness" attached therewith, the Courts may consider the out-of-court evidence thereof, as an exception to the "hearsay rule"---Supreme Court observed that great care was to be taken to ensure that child witnesses were able to depose their testimony at ease, by taking measures in the court room to lessen their stress and anxiety of court-room appearances in such a tender age; that such measures included child witness aid in testifying, screens in court rooms, closed courtrooms and counselor aid before and after recording of evidence; that it was expected that respective governments would appropriate legislative and administrative measures for ensuring the much needed protection and facilitation of child witnesses.
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