Case Repository

The 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…

Para 21-27, 41- 44, 49, 50, 56-61

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.

Para 13, 18; Page 4, 5

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.

Para 21-31, 35; Page 15-18