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Evidentiary Value of Child Testimony

1–2 of 2 cases
  1. High Court of Uttarakhand Criminal Jail Appeal No. 08 of 2018 [2022 SCC OnLine Utt 400]

    Ashok Singh Kandari v. State of Uttarakhand

    Ratio

    A conviction can be sustained on the sole testimony of the child survivor and there is no need for corroboration unless there exist compelling reasons for the same. Further, minor discrepancies in the child survivor's statement will not discredit an otherwise reliable prosecution case.

    Pincites

    Para 27; Page 4

  2. High Court of Calcutta CRA 69 of 2019 [2022 Cri LJ 439]

    Raju Roy vs. State of West Bengal

    Ratio

    Testimony 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…

    Pincites

    Para 29-31, 34-37, 39-41, 42-44, 50, 61, 72-75; Page 5-8, 11, 14