Showing 1–3 of 3 cases

High Court of Gauhati High Court of Kerala High Court of Himachal Pradesh

  1. High Court of Himachal Pradesh 2022 SCC OnLine HP 4139

    Vijay Kumar v. State of Himachal Pradesh

    Convictions can be sustained on the sole testimony of the child survivor when found cogent and reliable, and corroboration is not necessary.The testimony of the child survivor of a sex related offence must be given the same evidentiary value as that to an injured person in cases of physical violence.

    Pincites  Para 13, 18; Page 4, 5 Read case : Vijay Kumar v. State of Himachal Pradesh

  2. High Court of Gauhati Crl. Appeal (J) 87/2017

    Bhupen Kalita v. State of Assam

    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…

    Pincites  Para 63, 66, 123; Page 24, 28, 29, 52 Read case : Bhupen Kalita v. State of Assam

  3. High Court of Kerala WA No. 1651 of 2020

    Justin v. Union of India and Ors.

    Sections 29 and 30 of the POCSO Act are held to be Constitutional and they do not violate the Fundamental Rights, nor are they contrary to the basic criminal Principles. Presumption under Sections 29 and 30 POCSO would become operational only after the prosecution has established the foundational facts beyond reasonable doubt.

    Pincites  Para 21-31, 35; Page 15-18 Read case : Justin v. Union of India and Ors.