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Lalsuonglien and Ors. v. State of Manipur
RatioProvisions 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…
PincitesPara 2, 15, 17, 19, 22; Page 1, 3, 4
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Sanjay vs. State of Haryana
RatioOnce 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…
PincitesPara 8, 10, 18, 19, 21-24; Page 3, 8, 10
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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