Case Repository

The court, in this case, analysed the procedure to record 164 statements of the victim/witness i.e- once the magistrate records a 164 statement, a record of the statement should be sent to the investigating officer and the jurisdictional court. The statement should not be made public. The court also observed that the term “Magistrate” under…

Para 17, 21, 24, 28, 44, 48, 50, 51; Page 8-10, 14-17

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.

Para 27; Page 4

The presumption clause of Section 29 POCSO is applicable to both the offender and the abettor of the offence. When foundational facts have been established, the accused must discharge the reverse burden cast by Sections 29 and 30 POCSO.

Para 16-17; Page 8

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