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State of Rajasthan v. N.K
Convictions for rape can be founded solely on the testimony of the survivor, without the need for corroboration. However, if the court finds the testimony insufficiently credible on its own, it may seek additional evidence to bolster the survivor's account. A survivor's testimony under oath should be believed unless the testimony is such as would…
Pincites Para 11, 19 Page 39,42-44 Read case : State of Rajasthan v. N.K -
Smruti Tukaram Badade V. State of Maharashtra & Anr.
The Court recognised the need and importance of setting up facilities that create a safe environment for recording the evidence of vulnerable witnesses. It provided directions for the setting up of centres for vulnerable witnesses (including minors). It was clarified that the definition of “vulnerable witness” contained in Clause 3(a) of the ‘Guidelines for Recording…
Pincites Para 5; Pages 2, 3 Read case : Smruti Tukaram Badade V. State of Maharashtra & Anr. -
Attorney General of India and Ors. v. Satish and Ors.
While sexual intent under S. 8 POCSO is a question of fact, the Court is entitled to raise the presumption under S. 30 POCSO with regard to the culpable state of mind of the accused when the court is satisfied with the existence of a fact beyond reasonable doubt.
Pincites Para 36-37, 42; Page 15, 17 Read case : Attorney General of India and Ors. v. Satish and Ors. -
Eera Vs. State (Govt. of NCT of Delhi) and Ors.
The Court held that the sanguine purpose is to safeguard the interest and well-being of the children at every stage of the judicial proceeding. It should provide for a child-friendly procedure and the atmosphere as commanded by the provisions of the POSCO Act has to be congenial. The protection of the dignity of the child…
Pincites Para 23; Page 23 Read case : Eera Vs. State (Govt. of NCT of Delhi) and Ors. -
Pappu v. State of Uttar Pradesh
Where foundational facts have been established, the presumption under section 29 POCSO becomes operational and the accused is bound to rebut the presumption.
Pincites Para 32; Page 39 & 40. Read case : Pappu v. State of Uttar Pradesh -
In Re Children in Street Situation
The Court recognized the difficulties of survivors of trafficking with respect to travelling long distances for the purpose of giving evidence in trial courts, especially during the COVID-19 Pandemic and adopted a Standard Operating Procedure (‘SOP’) for the effective recording of the child’s testimony through video conference. The SOP suggested that testimony of children, who…
Pincites Para 4 and 9; Page 4, 5 and 7 Read case : In Re Children in Street Situation -
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 -
Sakshi v Union of India
The Supreme Court issued directions for vulnerable witnesses in cases of sexual assault. The guidelines state that in holding a trial in the case of child sex abuse or rape: (i) a screen or some such arrangements may be made where the victim or witnesses do not see the body or face of the accused;…
Pincites Para 34; Page 28 Read case : Sakshi v Union of India -
State of Maharashtra v Bandu @ Daulat
The court reiterated the guidelines laid down in Sakshi v Union of India and mandated their implementation by January 2018. It emphasized the necessity of creating a conducive environment for vulnerable witnesses to provide their statements with special guidelines for child survivors of sexual abuse. It directed that special centres for the examination of vulnerable…
Pincites Para 11, 12; Page 3, 4 Read case : State of Maharashtra v Bandu @ Daulat -
Hanumantha Mogaveera v. State of Karnataka
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…
Pincites Para 21-27, 41- 44, 49, 50, 56-61 Read case : Hanumantha Mogaveera v. State of Karnataka
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