In Brief
The appellant was convicted of murdering his wife under Sections 302 and 498A IPC. At trial, the judge refused to hear evidence from the couple's children (aged 8 and 6) solely because they did not recognize the judge and lawyers. The High Court remanded the case for objective assessment of the children's competency to testify. The Supreme Court affirmed this order, holding that recognition of court personnel is irrelevant to competency. A child witness is competent if able to understand questions and give rational answers. The proper test focuses on intellectual capacity and understanding of the crime, not familiarity with officials. The High Court rightly exercised its appellate power to remand for re-recording evidence with full cross-examination rights, preventing miscarriage of justice from the trial judge's erroneous rejection.
The lawyer headnote and full judgment text are available to registered users.