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

The Court held that Sections 33(5) and 36(1) of the POCSO Act mandate that a child survivor ought not to be called repeatedly to testify in the Court. While Section 311 of the CrPC gives power to the Court to recall any witness to serve the cause of justice, but the said section is subject…

Para 19, 23; Page 3,4