POCSO

Provisions of the POCSO reiterated by the court: The child may have a parent or other trusted person present at the time of testifying and can call for assistance from an interpreter, special educator, or other professional while giving evidence; further, the child is not to be called repeatedly to testify in Court and may…

Para 2, 15, 17, 19, 22; Page 1, 3, 4

Absence 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…

Para 12; Page 4

The 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…

Para 48; Page 13, 14

Sections 29 and 30 of the POCSO Act are held to be Constitutional and they do not violate the Fundamental Rights, nor are they contrary to the basic criminal Principles. Presumption under Sections 29 and 30 POCSO would become operational only after the prosecution has established the foundational facts beyond reasonable doubt.

Para 21-31, 35; Page 15-18