Competency of child witness
Competency of child witness legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Question in each case, which a court was to testify, was whether a particular child, who had appeared in court, was intelligent enough to be able, to understand as to what evidence he was giving and he should be able to give rational answers to the questions
No particular age was given by the legislature which determined the question of competency of a witness which would depend upon the capacity of the child to understand
In the present case, child winess who had been produced by the prosecution, was of the age of 10/11 years and she was not of the age who could not understand the question put to her; and court found her an intelligent witness because she had given rational answers to the question put to her by the defence
Said child witness was fully competent witness.
"Competency of child witness", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124952840
Precedents & Case Laws citing "Competency of child witness"
P L D 1979 Karachi 147
BASHIR AHMED-Appellant Versus THE STATE — Respondent
Court: S. 118-Witness-Child witness-Credibility of-Competency of child witness depends on his degree of intelligence and capacity to understand questions and answer them in rational manner-Trial Judge, before examining a child witness, must determine question whether he is competent or not-Omission to administer oath to child witness-Held, would not - invalidate proceedings or render evidence inadmissible.-Witness.2003 Y L R 806
MUHAMMAD ILYAS‑‑‑Appellant Versus KABIR HUSSAIN and another‑‑‑Respondents
Court: Supreme Court (AJ&K)1979 S C M R 186
UMAR JEHAN‑Appellant, Versus THE STATE‑Respondent
Court: ‑‑ Child witness‑Judges to record their questions to child witness and his or her answers while giving their opinion about competence of such witness‑Examination of child witness by committal Magistrate rather perfunctory, hence, his opinion regarding ‑incompetence of witness not impressing‑Sessions Judge though not recording questions and answers forming basis of his opinion regarding competence of witness yet witness having been subjected to a rather lengthy cross-examination and having stood very well, contention of witness being incompetent, held, not impressing.‑Witness.P L D 2025 Lahore 512
IMDAD ULLAH — Appellant Versus The STATE and another — Respondents
Court: High Court2020 P Cr
ATIF SHAHZAD alias KALU — Appellant Versus The STATE — Respondent
Court: Lahore1994 P Cr
QADEER HUSSAIN — Appellant Versus THE STATE — Respondent
Court: Azad J&K2019 Y L R 2171
The STATE — Petitioner Versus AAMIR HUSSAIN SHAH — Respondent
Court: Islamabad1995 P Cr
SHAUKAT ALI alias BAGGA and 2 others‑‑‑Appellants Versus THE STATE‑‑‑Respondent
Court: Lahore2003 Y L R 2234
MIR MUHAMMAD FARID — Appellant Versus Mst. AMREEN and 4 others — Respondents
Court: Shariat Court (AJ&K)2023 P Cr
ANWAR BADSHAH — Appellant Versus STATE through Additional Advocate General and another — Respondents
Court: Peshawar (Mingora Bench)