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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
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Lalmalsom Kaipeng v. The State of Tripura
RatioThe 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…
PincitesPara 27-33; Page 5, 6 & 7