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Hanumantha Mogaveera v. State of Karnataka
RatioThe court held that the child’s statement recorded under Section 164 of the CrPC in the course of investigation cannot be considered as substantive evidence under Section 35 of the POCSO Act. The court further held that the requirement of expeditious recording of a child victim’s evidence under Section 35 of the POCSO Act is…
PincitesPara 21-27, 41- 44, 49, 50, 56-61
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Vijay Kumar v. State of Himachal Pradesh
RatioConvictions 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.
PincitesPara 13, 18; Page 4, 5