'Unshaken Testimony': Jharkhand High Court Confirms Murder Conviction Despite Trial Court Not Questioning 11-Yr-Old Witness' Competency

The Jharkhand High Court has upheld the conviction of a man for the murder of his wife, despite the trial court's failure to verify the competency of an eleven-year-old child witness.

The High Court presided over by the division bench of Justices Ananda Sen and Subhash Chand, noted that Jasmira Khatoon's testimony remained rational and consistent even though the trial court did not evaluate her suitability as a witness.

The court  remarked, “Although the learned trial court has not put any question to this witness PW2- Jasmira Khatoon to verify her suitability as a witness, yet the statement of PW2- Jasmira Khatoon which was given in her examination-in-chief was not shaken in the cross-examination and whatever the questions were put up this witness, the reply given by this witness is found to be rational which shows her rationality to understand the question and to reply the same.”

Shayed Seikh reported that his daughter had been married to Noor Islam for ten years, with whom she had one son and one daughter. He alleged that Noor Islam had been torturing his daughter for the past 7-8 years. Despite multiple panchayats, the situation did not improve, and Noor Islam was determined to remarry another woman. On the night of October 27, 2012, during Bakrid at midnight, Shayed Seikh's granddaughter, Jasmira Khatoon, arrived at his door, claiming that her father had killed her mother.

Shayed Seikh, along with his son Badruddin Seikh and his wife Tanjila Khatoon, went to Noor Islam's house and discovered that Farida Khatoon, Shayed's daughter, was dead. She had been fatally stabbed in the stomach with a dagger. It was alleged that Noor Islam had committed the murder with the intention of marrying another woman.

Based on this information, a case was filed under Section 302 of the Indian Penal Code against Noor Islam. The investigation concluded, and a charge-sheet was filed against Noor Islam under Section 302 of the IPC. The Magistrate's Court took cognizance of the charge-sheet and committed the case to the Court of Sessions Judge-1st, Rajmahal, which was subsequently transferred to the Court of the Additional Sessions Judge-1st, Rajmahal.

After considering the arguments from both sides, the Trial Court delivered a judgement convicting Noor Islam and sentencing him accordingly. Noor Islam, dissatisfied with the conviction and sentence, filed a criminal appeal against the judgement.

The Court observed that the prosecution's case relied on direct evidence, with the primary witnesses being the deceased's daughter and the appellant himself. The Court noted that the remaining prosecution witnesses had learned about the occurrence through Jasmira Khatoon and had found the accused held by villagers at the scene.

Taking into account Jasmira Khatoon's testimony, the Court remarked that she was 8 years old at the time of the occurrence and 11 years old when examined before the court. The Court highlighted that the trial court had not verified Jasmira's competency before recording her testimony to ensure she was capable of providing rational answers given her tender age.

The Court noted that during her examination-in-chief, Jasmira stated the incident occurred on the day of 'Bakrid' the previous year.

The Court further noted “Her father came from the outside and began to hurl abuse to her and her mother and told that he would kill her mother and maternal uncle as well. Her father asked her to keep mum and her father inflicted gave stab wound to her mother. She rushed to her maternal grandmother to call her and immediately, came back alongwith her maternal grandmother still found her father armed with knife. Her mother had died. Her father had given a knife blow in the stomach of her mother.”

“This witness in cross-examination has categorically stated that at the time of occurrence her younger brother three months old was in lap of her mother. There is only one house to sleep therein alongwith 'Verandah'. They all sleep on the Chowki in 'Verandah'. The Chowki in the 'Verandah' is big one on which four to five persons may sleep. On the day of occurrence her mother had slept on the ground. Further in cross-examination by the court, this witness has stated when she was sleeping, after hearing the sound of her mother she went to inform her maternal grandfather and maternal grandmother. When they came to the house her mother had died. This witness had suo moto stated that her father killed her mother,” the Court added.

Considering the evidence on record, the Court upheld the trial court's judgment of conviction and sentence, dismissing the criminal appeal.

Case Title: Noor Islam vs The State of Jharkhand

LL Citation: 2024 LiveLaw (Jha) 127

Click Here To Read Judgement