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

The Court recognised the need and importance of setting up facilities that create a safe environment for recording the evidence of vulnerable witnesses. It provided directions for the setting up of centres for vulnerable witnesses (including minors). It was clarified that the definition of “vulnerable witness” contained in Clause 3(a) of the ‘Guidelines for Recording…

Para 5; Pages 2, 3

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

The Court held that the sanguine purpose is to safeguard the interest and well-being of the children at every stage of the judicial proceeding. It should provide for a child-friendly procedure and the atmosphere as commanded by the provisions of the POSCO Act has to be congenial. The protection of the dignity of the child…

Para 23; Page 23

While sexual intent under S. 8 POCSO is a question of fact, the Court is entitled to raise the presumption under S. 30 POCSO with regard to the culpable state of mind of the accused when the court is satisfied with the existence of a fact beyond reasonable doubt.

Para 36-37, 42; Page 15, 17

The Court recognized the difficulties of survivors of trafficking with respect to travelling long distances for the purpose of giving evidence in trial courts, especially during the COVID-19 Pandemic and adopted a Standard Operating Procedure (‘SOP’) for the effective recording of the child’s testimony through video conference. The SOP suggested that testimony of children, who…

Para 4 and 9; Page 4, 5 and 7

Where foundational facts have been established, the presumption under section 29 POCSO becomes operational and the accused is bound to rebut the presumption.

Para 32; Page 39 & 40.

The Supreme Court issued directions for vulnerable witnesses in cases of sexual assault. The guidelines state that in holding a trial in the case of child sex abuse or rape: (i) a screen or some such arrangements may be made where the victim or witnesses do not see the body or face of the accused;…

Para 34; Page 28

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

The court reiterated the guidelines laid down in Sakshi v Union of India and mandated their implementation by January 2018. It emphasized the necessity of creating a conducive environment for vulnerable witnesses to provide their statements with special guidelines for child survivors of sexual abuse. It directed that special centres for the examination of vulnerable…

Para 11, 12; Page 3, 4