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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) -
Raju Roy vs. State of West Bengal
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 survivor, mere lapses in the survivor's statement…
Pincites Para 29-31, 34-37, 39-41, 42-44, 50, 61, 72-75; Page 5-8, 11, 14 Read case : Raju Roy vs. State of West Bengal
