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Vitthal Rajendra Jogade v. State of Maharashtra
RatioAbsence 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…
PincitesPara 12; Page 4
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Imran Shabbir Gauri Vs. State of Maharashtra
RatioThe 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…
PincitesPara 48; Page 13, 14
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Bhupen Kalita v. State of Assam
RatioFor the applicability of Section 29, the prosecution is required to establish foundational facts on the standard of preponderance of probability and not beyond reasonable doubt. Once prosecution has been able to establish foundational facts based on preponderance of probability then by legal presumption under Section 29 of Act it could be said that prosecution…
PincitesPara 63, 66, 123; Page 24, 28, 29, 52