Showing 1–2 of 2 cases

High Court of Punjab & Haryana High Court of Kerala

  1. High Court of Punjab & Haryana 2022 Cri LJ 1696

    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

  2. High Court of Kerala WA No. 1651 of 2020

    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.