POCSO

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

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.

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

The presumption clause of Section 29 POCSO is applicable to both the offender and the abettor of the offence. When foundational facts have been established, the accused must discharge the reverse burden cast by Sections 29 and 30 POCSO.

Para 16-17; Page 8