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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 -
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 -
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
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