POCSO

The high court issued interim directions to all the police stations for the recording of 164 statement: The investigating officer should preferably be female. The IO shall take immediate steps to take the prosecutrix to a female MM magistrate for the recording of the 164 statement, within 24 hours. In case the time period is…

Para 1, 2, 9; Page 1, 3

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

There is a need to create a conducive environment to encourage vulnerable witnesses to make their statements. Screens or a similar arrangement must be made to ensure that they don’t see the face or body of the accused. Questions for cross examination must be given in writing to the presiding officer of the Court who…

Para 10; Page 2

Guidelines laid down specifically for recording of evidence of in cases of child sexual abuse:(i) a screen or some such arrangements may be made where the victim or witnesses (who may be equally vulnerable like the victim) do not see the body or face of the accused; (ii) the questions put in cross-examination on behalf…

Para 1, 34; Page 1, 18.1

Corroboration is not a sine qua non for conviction in a rape case. If the evidence of the victim does not suffer from any basic infirmity and the 'probabilities factor' does not render it unworthy of credence. As a general rule, there is no reason to insist on corroboration except from medical evidence. However, in…

Para 11 and 12; Page 2-3

Conviction for rape can be based on the sole testimony of the victim and the same does not require corroboration, provided that the testimony is natural and trustworthy. The Court must look at the broad probabilities, not discard the testimony due to minor contradictions which are not substantial in character given that they are usually…

Para 383-393; Page 200-205

Conviction can be based on the sole testimony of the prosecutrix. There is only need to look for corroboration when the prosecution’s case suffers from high improbabilities.

Para 19; Page 11

Conviction can be based on the sole testimony of the child survivor. Corroboration of the child survivor’s testimony is only a general prudence necessitated in certain circumstances and is not a requirement of law. Minor inconsistencies are immaterial and must not form a ground for throwing out an otherwise reliable prosecution case.

Para 5, 15-20; Page 5, 8-10

Corroborative evidence is not an imperative component of judicial credence in every case of rape. If the testimony of the child is reliable and inspires confidence, courts can convict on the disposition of the child victim alone. Supposed considerations which have no material effect on the veracity of the prosecution case or even discrepancies in…

Para 9 and 13 Page 5-7, 10

Conviction can be based on the sole testimony of the survivor, without any further corroboration, provided the testimony is found reliable and trustworthy. Even in the absence of any external or internal injuries on the person of the survivor, the conviction can be sustained.

Para 4-11, Pages 3-11