Showing 1–2 of 2 cases

High Court of Punjab & Haryana High Court of Tripura at Agartala

  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 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