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Hanumantha Mogaveera v. State of Karnataka
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…
Pincites Para 21-27, 41- 44, 49, 50, 56-61 Read case : Hanumantha Mogaveera v. State of Karnataka -
Sanjay vs. State of Haryana
Once a child witness, if found competent to depose to the facts and reliable one such evidence could be the basis of conviction. In other words even in the absence of oath, the evidence of a child witness can be considered under Section 118 of the Indian Evidence Act, 1872 provided that such witness is…
Pincites Para 8, 10, 18, 19, 21-24; Page 3, 8, 10 Read case : Sanjay vs. State of Haryana -
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
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