Showing 1–3 of 3 cases

High Court of Himachal Pradesh High Court of Tripura at Agartala High Court of Gauhati

  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 Tripura at Agartala Crl. A (J) 34 of 2019

    Lalmalsom Kaipeng v. The State of Tripura

    The duty to rebut the presumption under Section 29 POCSO arising only after the prosecution has succeeded in establishing the foundational facts.The burden to rebut the presumption can be discharged by the accused through effective cross-examination, or by adducing defence evidence or by the accused himself tendering oral evidence. The presumption and the duty to…

    Pincites  Para 27-33; Page 5, 6 & 7 Read case : Lalmalsom Kaipeng v. The State of Tripura