Case Repository

There is a need to create a conducive environment to encourage vulnerable witnesses to make their statements. Screens or a similar arrangement must be made to ensure that they don’t see the face or body of the accused. Questions for cross examination must be given in writing to the presiding officer of the Court who…

Para 10; Page 2

Guidelines laid down specifically for recording of evidence of in cases of child sexual abuse:(i) a screen or some such arrangements may be made where the victim or witnesses (who may be equally vulnerable like the victim) do not see the body or face of the accused; (ii) the questions put in cross-examination on behalf…

Para 1, 34; Page 1, 18.1

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.

Para 36-37, 42; Page 15, 17

Where foundational facts have been established, the presumption under section 29 POCSO becomes operational and the accused is bound to rebut the presumption.

Para 32; Page 39 & 40.