-
Parsu Ram vs. State
The conviction can be based even on the uncorroborated evidence of the child survivor, if the same inspires confidence. The Courts should examine the broader probabilities of a case and not get swayed by minor contradictions or insignificant discrepancies in the statement of the child survivor, which are not of a fatal nature, to throw…
Pincites Para 11-21, 17, 22-23, 26,28 Page 3, 4, 5-7 Read case : Parsu Ram vs. State -
Sunil Kumar vs. State of NCT Delhi.
If the statement of the survivor inspires confidence, then the court may convict on the statement alone.
Pincites Para 18-19; Page 4 Read case : Sunil Kumar vs. State of NCT Delhi. -
Ishwer Soni v. State (Govt. of NCT of Delhi)
It is well settled that in a case of rape, the finding of guilt can be recorded even on the basis of uncorroborated testimony of the child survivor provided it is cogent and reliable. Even in a case of penetration, the consistent judicial diktat is that absence of injuries may not always be fatal to…
Pincites Para 16-18, 20; Page 4 Read case : Ishwer Soni v. State (Govt. of NCT of Delhi) -
Mohan Kumar v. State (NCT of Delhi)
The child survivor being of tender age may have contradictions in their testimony. However, if they are consistent in their testimony as to the incident and are able to identify the accused, they would be considered a competent witness and their testimony may be admitted.
Pincites para 19, 23 & 24. Read case : Mohan Kumar v. State (NCT of Delhi) -
Vitthal Rajendra Jogade v. State of Maharashtra
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 Read case : Vitthal Rajendra Jogade v. State of Maharashtra -
Imran Shabbir Gauri Vs. State of Maharashtra
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 Read case : Imran Shabbir Gauri Vs. State of Maharashtra
