Case Repository

Once 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…

Para 8, 10, 18, 19, 21-24; Page 3, 8, 10

Testimony of a child can only be relied on if it is intelligible. A testimony is intelligible based on (a) the ability to understand questions put to the witness and (b) give answers to those questions that can be understood. If evidence is in the favour of the survivor, mere lapses in the survivor's statement…

Para 29-31, 34-37, 39-41, 42-44, 50, 61, 72-75; Page 5-8, 11, 14

For the applicability of Section 29, the prosecution is required to establish foundational facts on the standard of preponderance of probability and not beyond reasonable doubt. Once prosecution has been able to establish foundational facts based on preponderance of probability then by legal presumption under Section 29 of Act it could be said that prosecution…

Para 63, 66, 123; Page 24, 28, 29, 52

When the prosecution fails to establish a strong preponderance of probability sufficient to raise a presumption under Section 29 POCSO, the negative burden to prove their innocence will not shift to the accused if the defence effectively discredits the prosecution's case, the accused will be discharged of their onus under Section 29 POCSO.

Para 43, 50, 52, 53; Page 5, 6, 7