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Court on its Own Motion v. State
The court held that a statement under the POCSO Act can be made only to a police officer or magistrate. Counsellors and NGOs can merely play a facilitative role and cannot take a statement from the child. Further, the court clarified that the notes of the counsellor or the expert are confidential and cannot be…
Pincites Para 6-8, 10, 12, 14-17, 19-21, 77-78, 87-89, 93-94 Read case : Court on its Own Motion v. State -
State v. Sujeet Kumar
The court interpreted Section 118 of the Indian Evidence Act, 1872 (“IEA”) in reference to POCSO cases and held that evidence of child survivors cannot be rejected per se but merits close scrutiny by the court as a rule of prudence. The court further discussed the various aspects of determining the competence of child survivor,…
Pincites Para 45, 46, 47, 48, 49, 50-52, 57, 58 Read case : State v. Sujeet Kumar -
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) -
Parsu Ram vs. State
The conviction can be based even on the uncorroborated evidence of the child survivor, if the same inspires confidence. The Courts should examine the broader probabilities of a case and not get swayed by minor contradictions or insignificant discrepancies in the statement of the child survivor, which are not of a fatal nature, to throw…
Pincites Para 11-21, 17, 22-23, 26,28 Page 3, 4, 5-7 Read case : Parsu Ram vs. State -
Sunil Kumar vs. State of NCT Delhi.
If the statement of the survivor inspires confidence, then the court may convict on the statement alone.
Pincites Para 18-19; Page 4 Read case : Sunil Kumar vs. State of NCT Delhi. -
Ishwer Soni v. State (Govt. of NCT of Delhi)
It is well settled that in a case of rape, the finding of guilt can be recorded even on the basis of uncorroborated testimony of the child survivor provided it is cogent and reliable. Even in a case of penetration, the consistent judicial diktat is that absence of injuries may not always be fatal to…
Pincites Para 16-18, 20; Page 4 Read case : Ishwer Soni v. State (Govt. of NCT of Delhi) -
Mohan Kumar v. State (NCT of Delhi)
The child survivor being of tender age may have contradictions in their testimony. However, if they are consistent in their testimony as to the incident and are able to identify the accused, they would be considered a competent witness and their testimony may be admitted.
Pincites para 19, 23 & 24. Read case : Mohan Kumar v. State (NCT of Delhi) -
Sanjay vs. State of Haryana
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…
Pincites Para 8, 10, 18, 19, 21-24; Page 3, 8, 10 Read case : Sanjay vs. State of Haryana -
Ashok Singh Kandari v. State of Uttarakhand
A conviction can be sustained on the sole testimony of the child survivor and there is no need for corroboration unless there exist compelling reasons for the same. Further, minor discrepancies in the child survivor’s statement will not discredit an otherwise reliable prosecution case.
Pincites Para 27; Page 4 Read case : Ashok Singh Kandari v. State of Uttarakhand
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