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Sanjay vs. State of Haryana
RatioOnce a child witness, if found competent to depose to the facts and reliable one such evidence could be the basis of conviction. In other words even in the absence of oath, the evidence of a child witness can be considered under Section 118 of the Indian Evidence Act, 1872 provided that such witness is…
PincitesPara 8, 10, 18, 19, 21-24; Page 3, 8, 10
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Raju Roy vs. State of West Bengal
RatioTestimony of a child can only be relied on if it is intelligible. A testimony is intelligible based on (a) the ability to understand questions put to the witness and (b) give answers to those questions that can be understood. If evidence is in the favour of the victim, mere lapses in the victim's statement…
PincitesPara 29-31, 34-37, 39-41, 42-44, 50, 61, 72-75; Page 5-8, 11, 14