POCSO

The court, in this case, analysed the procedure to record 164 statements of the victim/witness i.e- once the magistrate records a 164 statement, a record of the statement should be sent to the investigating officer and the jurisdictional court. The statement should not be made public. The court also observed that the term “Magistrate” under…

Para 17, 21, 24, 28, 44, 48, 50, 51; Page 8-10, 14-17

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

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

The presumption clause of Section 29 POCSO is applicable to both the offender and the abettor of the offence. When foundational facts have been established, the accused must discharge the reverse burden cast by Sections 29 and 30 POCSO.

Para 16-17; Page 8