POCSO

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

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

For 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…

Para 63, 66, 123; Page 24, 28, 29, 52