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Atul Gorakhnath Ambale v. State of Maharashtra
The court took note of the problem of long delays in recording testimonies of child survivors and the adverse effects it has on the child and the prosecution’s case. In light of these observations, the court framed and issued guidelines to be followed to ensure expeditious recording of testimonies of child survivors. The court stressed…
Pincites Para 11 - 15; Page 2 - 5 Read case : Atul Gorakhnath Ambale v. State of Maharashtra -
Vikas Vs. State (NCT of Delhi)
Applications for recalling a child survivor under Section 311 of the Code of Criminal Procedure, 1973 (“CrPC”) are subject to Section 33(5) of the POCSO Act on the principle of generalia specialibus non-derogant. The conflicting rights of the accused and the survivor have to be balanced when considering such an application.
Pincites Para 25; Page 17 Read case : Vikas Vs. State (NCT of Delhi) -
Lalsuonglien and Ors. v. State of Manipur
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 Court held that the child is not to be called repeatedly to testify in Court and may testify through a video…
Pincites Para 2, 15, 17, 19, 22; Page 1, 3, 4 Read case : Lalsuonglien and Ors. v. State of Manipur
