-
Vijay Kumar v. State of Himachal Pradesh
RatioConvictions 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.
PincitesPara 13, 18; Page 4, 5
-
Ashok Singh Kandari v. State of Uttarakhand
RatioA 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.
PincitesPara 27; Page 4
-
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