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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 -
Ashok Singh Kandari v. State of Uttarakhand
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.
Pincites Para 27; Page 4 Read case : Ashok Singh Kandari v. State of Uttarakhand -
Justin v. Union of India and Ors.
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.
Pincites Para 21-31, 35; Page 15-18 Read case : Justin v. Union of India and Ors.
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