Showing 1–2 of 2 cases

High Court of Gauhati High Court of Uttarakhand

  1. High Court of Uttarakhand 2022 SCC OnLine Utt 400

    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

  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