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1–2 of 2 cases
  1. High Court of Himachal Pradesh Criminal Appeal No. 438 of 2019 [2022 SCC OnLine HP 4139]

    Vijay Kumar v. State of Himachal Pradesh

    Ratio

    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.

    Pincites

    Para 13, 18; Page 4, 5

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  2. High Court of Tripura at Agartala Crl. A (J) 34 of 2019 [MANU/TR/0211/2021]

    Lalmalsom Kaipeng v. The State of Tripura

    Ratio

    The duty to rebut the presumption under Section 29 POCSO arising only after the prosecution has succeeded in establishing the foundational facts.The burden to rebut the presumption can be discharged by the accused through effective cross-examination, or by adducing defence evidence or by the accused himself tendering oral evidence. The presumption and the duty to…

    Pincites

    Para 27-33; Page 5, 6 & 7

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