The Court held that child witness is competent witness under Section 118 of the Indian Evidence Act (Section 124 of The Bharatiya Sakshya Adhiniyam, 2023) provided he.bas capacity to understand and answer the questions put to her. Cautioning the judges relying on the child witness, the Privy Council had said in Mohamed Sugal Esa Vs. The King, AIR 1946 PC 3, that as a matter of prudence a conviction should not ordinarily be based on the uncorroborated evidence of a child witness.

“The rule, which according to the cases has hardened into one of law, is not that corroboration is essential before there can be a conviction but that the necessity of corroboration, as a matter of prudence, except where the circumstances make it safe to dispense with it The tender years of the child, coupled with other circumstances appearing in the case, such for example, as its demeanour, unlikelihood of tutoring and so forth  may render corroboration unnecessary but that is a question of fact in every case.