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Evidentiary Value of Child Testimony

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  1. Supreme Court of India Criminal Appeal No. 438 of 2019 [(2019) 16 SCC 759]

    State of Himachal Pradesh v. Manga Singh

    Ratio

    Corroboration is not a sine qua non for conviction in a rape case. If the evidence of the victim does not suffer from any basic infirmity and the 'probabilities factor' does not render it unworthy of credence. As a general rule, there is no reason to insist on corroboration except from medical evidence. However, in…

    Pincites

    Para 11 and 12; Page 2-3

  2. Supreme Court of India Criminal Appeal Nos. 607-608 of 2017 [AIR 2017 SC 2161]

    Mukesh v. State of NCT of Delhi

    Ratio

    Conviction for rape can be based on the sole testimony of the victim and the same does not require corroboration, provided that the testimony is natural and trustworthy. The Court must look at the broad probabilities, not discard the testimony due to minor contradictions which are not substantial in character given that they are usually…

    Pincites

    Para 383-393; Page 200-205

  3. Supreme Court of India Criminal Appeal No. 670 of 2003 [(2009) 16 SCC 69]

    Rajinder alias Raju v. State of Himachal Pradesh

    Ratio

    Conviction can be based on the sole testimony of the prosecutrix. There is only need to look for corroboration when the prosecution’s case suffers from high improbabilities.

    Pincites

    Para 19; Page 11

  4. Supreme Court of India Criminal Appeal No. 1266 of 1998 [(2005) 13 SCC 766]

    State of Himachal Pradesh v. Asha Ram

    Ratio

    Conviction can be based on the sole testimony of the child survivor. Corroboration of the child survivor’s testimony is only a general prudence necessitated in certain circumstances and is not a requirement of law. Minor inconsistencies are immaterial and must not form a ground for throwing out an otherwise reliable prosecution case.

    Pincites

    Para 5, 15-20; Page 5, 8-10

  5. Supreme Court of India Criminal Appeal No. 616 of 1985 [(1996) 2 SCC 384]

    State of Punjab v. Gurmit Singh

    Ratio

    Corroborative evidence is not an imperative component of judicial credence in every case of rape. If the testimony of the child is reliable and inspires confidence, courts can convict on the disposition of the child victim alone. Supposed considerations which have no material effect on the veracity of the prosecution case or even discrepancies in…

    Pincites

    Para 9 and 13 Page 5-7, 10

  6. Supreme Court of India (2022) 2 SCC 74

    Phool Singh v. State of MP

    Ratio

    Conviction can be based on the sole testimony of the survivor, without any further corroboration, provided the testimony is found reliable and trustworthy. Even in the absence of any external or internal injuries on the person of the survivor, the conviction can be sustained.

    Pincites

    Para 4-11, Pages 3-11

  7. Supreme Court of India (2020) 10 SCC 573

    Ganesan v. State

    Ratio

    In cases where the child survivor is found to be worthy of credence and reliable even if other witnesses turn hostile, conviction can be based on her sole testimony. No corroboration is required.

    Pincites

    Para 8.1-12, Pages 4-9

  8. Supreme Court of India (2017) 2 SCC 51

    State of Himachal Pradesh v. Sanjay Kumar alias Sunny

    Ratio

    The testimony of a survivor in sexual offences cases is vital unless compelling reasons necessitate corroboration. Courts should find no difficulty to convict on the testimony of the survivor of a sexual assault alone if the testimony inspires confidence.

    Pincites

    Para 31, Page 11

  9. Supreme Court of India (2010) 8 SCC 191

    Vijay alias Chinee v. State of Madhya Pradesh

    Ratio

    Conviction can be based solely on the testimony of the child survivor if it is trustworthy and reliable, even in the absence of corroborating evidence or injuries. Minor discrepancies in her does not make it unreliable.

    Pincites

    Para 9-15 Page 195-198, 204, 205

  10. Supreme Court of India (2000) 5 SCC 30

    State of Rajasthan v. N.K

    Ratio

    Convictions for rape can be founded solely on the testimony of the survivor, without the need for corroboration. However, if the court finds the testimony insufficiently credible on its own, it may seek additional evidence to bolster the survivor's account. A survivor's testimony under oath should be believed unless the testimony is such as would…

    Pincites

    Para 11, 19 Page 39,42-44