In Brief
In this criminal appeal arising from a marital homicide, the Supreme Court reversed the High Court's acquittal and restored the trial court's conviction of the accused for murdering his wife. The case turns on the credibility of a 7-year-old child (the accused's daughter and sole eye-witness), whose police statement was recorded 18 days after the incident. The High Court rejected her testimony as tutored, but the Supreme Court held that delay in recording alone, without more, cannot discredit evidence that shows no material embellishments or contradictions after careful scrutiny. The Court also emphasized that Section 106 of the Evidence Act shifts the burden to the accused when prima facie facts (secret cremation, fleeing, marital discord, inexplicable death) are proven, requiring him to explain what happened. The Court stressed that judges must not allow criminals to escape on procedural technicalities and must be sensitive to crimes against women.
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