POCSO

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…

Para 11-21, 17, 22-23, 26,28 Page 3, 4, 5-7

If the statement of the victim inspires confidence, then the court may convict on the statement alone. Relied on State of Himachal Pradesh v. Manga Singh and State of Punjab v. Gurmit Singh.

Para 18-19; Page 4

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…

Para 16-18, 20; Page 4

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.

para 19, 23 & 24.

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

Sections 29 and 30 of the POCSO Act are held to be Constitutional and they do not violate the Fundamental Rights, nor are they contrary to the basic criminal Principles. Presumption under Sections 29 and 30 POCSO would become operational only after the prosecution has established the foundational facts beyond reasonable doubt.

Para 21-31, 35; Page 15-18