The child, Rohitsawa, was four years old in 2011 when he witnessed the murder of his mother and gave his statement when he was nine years old.
The Karnataka High Court on Tuesday upheld a sessions court order which had pronounced life imprisonment to a father and grandmother based on the testimony of a child, for the murder of his mother. The child, Rohitsawa, was four years old in 2011 when the crime took place and gave his statement when he was nine years old.
The High Court observed that the child’s statement as “unwavering evidence”.
A division bench of Justices KN Phaneendra and BA Patil was hearing the criminal appeal filed by 62-year-old Parvathi (grandmother) and 45-year-old Ravish (father) hailing from Bantwal taluk in Dakshina Kannada district. The mother-son duo, both working as labourers, was convicted by the First Additional District and Sessions Judge on August 12, 2016, reported media.
Rohitsawa’s mother Saraswathi was hacked to death in February, 2011 with sickles by Ravish and Parvathy, following a verbal disagreement over household work and property related matter. Saraswathi was also suspected of having an affair.
The report said that the duo was nailed based on a video recorded by the investigating officer in which Rohitsawa, the only eyewitness in the case, was heard saying that it was his ‘ajji’ and ‘appa’ who killed his mother. Later, the statement was again recorded in the chamber of a district judge.
The judge also chose not to administer oath to the child during the course of the trial. His answers were recorded in yes or no. “Since the witness is aged about 9 and says that he is studying in 4th standard, he does not seem to be knowing about the importance of the oath. The statement is recorded without administering oath to the witness,” the district court judgment had said.
The district legal services committee was asked by the court to ensure that Rohitswa is ensured a better future and further directed that the two convicts be fined an additional Rs 5,000 each.
