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Safeguards of Child Testimony

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  1. High Court of Bombay 2022 SCC OnLine Bom 873

    Atul Gorakhnath Ambale v. State of Maharashtra

    Ratio

    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

  2. High Court of Madras 2016 SCC OnLine Mad 5681

    S. Sankara Varman Vs. State

    Ratio

    The Court held that Sections 33(5) and 36(1) of the POCSO Act mandate that a child survivor ought not to be called repeatedly to testify in the Court. While Section 311 of the CrPC gives power to the Court to recall any witness to serve the cause of justice, but the said section is subject…

    Pincites

    Para 19, 23; Page 3,4