POCSO

The high court issued interim directions to all the police stations for the recording of 164 statement: The investigating officer should preferably be female. The IO shall take immediate steps to take the prosecutrix to a female MM magistrate for the recording of the 164 statement, within 24 hours. In case the time period is…

Para 1, 2, 9; Page 1, 3

The court, in this case, analysed the procedure to record 164 statements of the victim/witness i.e- once the magistrate records a 164 statement, a record of the statement should be sent to the investigating officer and the jurisdictional court. The statement should not be made public. The court also observed that the term “Magistrate” under…

Para 17, 21, 24, 28, 44, 48, 50, 51; Page 8-10, 14-17

There is a need to create a conducive environment to encourage vulnerable witnesses to make their statements. Screens or a similar arrangement must be made to ensure that they don’t see the face or body of the accused. Questions for cross examination must be given in writing to the presiding officer of the Court who…

Para 10; Page 2

Guidelines laid down specifically for recording of evidence of in cases of child sexual abuse:(i) a screen or some such arrangements may be made where the victim or witnesses (who may be equally vulnerable like the victim) do not see the body or face of the accused; (ii) the questions put in cross-examination on behalf…

Para 1, 34; Page 1, 18.1

Provisions of the POCSO reiterated by the court: The child may have a parent or other trusted person present at the time of testifying and can call for assistance from an interpreter, special educator, or other professional while giving evidence; further, the child is not to be called repeatedly to testify in Court and may…

Para 2, 15, 17, 19, 22; Page 1, 3, 4

Convictions can be sustained on the sole testimony of the child survivor when found cogent and reliable, and corroboration is not necessary.. The testimony of the child survivor of a sex related offence must be given the same evidentiary value as that to an injured person in cases of physical violence.

Para 13, 18; Page 4, 5

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…

Para 11 and 12; Page 2-3

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…

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

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…

Para 383-393; Page 200-205

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.

Para 27; Page 4