State By Inspector Of Police, T.Nadu vs Rakiappan & Ors

The Supreme Court held that the Madras High Court erred in acquitting the accused under Section 302 and Section 307 read with Section 34 IPC, primarily based on the assumption that the child witness PW2 was not in a fit condition to give a statement. The Court found that the evidence of PW2 was credible and significant, as he regained consciousness shortly after the incident and provided a statement within a reasonable time. The Supreme Court remitted the matter back to the High Court for a fresh consideration of the appeal, emphasizing the need to evaluate the evidence of PW2 properly.