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Evidentiary Value of Child Testimony

1–3 of 3 cases
  1. High Court of Bombay Criminal Appeal No. 99 of 2016 [2022 (4) Bom CR (Cri) 182]

    Vitthal Rajendra Jogade v. State of Maharashtra

    Ratio

    Absence of any injuries on the person of the child survivor might not by itself discredit the statement of the child survivor and in such a situation the non-production of a medical report would not be of much consequence if the other evidence was believable. Corroboration is not the sine qua non for a conviction…

    Pincites

    Para 12; Page 4

  2. High Court of Haryana CRA-D-1903-DB-2014 (O&M) [2022 Cri LJ 1696]

    Sanjay vs. State of Haryana

    Ratio

    Once 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…

    Pincites

    Para 8, 10, 18, 19, 21-24; Page 3, 8, 10

  3. High Court of Bombay [2021 SCC OnLine Bom 511]

    Imran Shabbir Gauri Vs. State of Maharashtra

    Ratio

    The court held that the concerned authorities of the State Government or Central Government will take some initiative in incorporating certain amendments under relevant laws so as to give status to Section 164 statement as that of examination-in-chief in all eventualities. The trauma that a victim has to undergo, after the incident does not stop…

    Pincites

    Para 48; Page 13, 14