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Vijay Kumar v. State of Himachal Pradesh
Convictions can be sustained on the sole testimony of the child survivor when found cogent and reliable, and corroboration is not necessary.The testimony of the child survivor of a sex related offence must be given the same evidentiary value as that to an injured person in cases of physical violence.
Pincites Para 13, 18; Page 4, 5 Read case : Vijay Kumar v. State of Himachal Pradesh -
State of Himachal Pradesh v. Manga Singh
Corroboration is not a sine qua non for conviction in a rape case. If the evidence of the survivor does not suffer from any basic infirmity and the 'probabilities factor' does not render it unworthy of credence. As a general rule, there is no reason to insist on corroboration except from medical evidence. However, in…
Pincites Para 11 and 12; Page 2-3 Read case : State of Himachal Pradesh v. Manga Singh -
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 -
Mukesh v. State of NCT of Delhi
Conviction for rape can be based on the sole testimony of the survivor and the same does not require corroboration, provided that the testimony is natural and trustworthy. The Court must look at the broad probabilities, not discard the testimony due to minor contradictions which are not substantial in character given that they are usually…
Pincites Para 383-393; Page 200-205 Read case : Mukesh v. State of NCT of Delhi -
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 -
Rajinder alias Raju v. State of Himachal Pradesh
Conviction can be based on the sole testimony of the survivor. There is only need to look for corroboration when the prosecution’s case suffers from high improbabilities.
Pincites Para 19; Page 11 Read case : Rajinder alias Raju v. State of Himachal Pradesh -
Raju Roy vs. State of West Bengal
Testimony of a child can only be relied on if it is intelligible. A testimony is intelligible based on (a) the ability to understand questions put to the witness and (b) give answers to those questions that can be understood. If evidence is in the favour of the survivor, mere lapses in the survivor's statement…
Pincites Para 29-31, 34-37, 39-41, 42-44, 50, 61, 72-75; Page 5-8, 11, 14 Read case : Raju Roy vs. State of West Bengal -
State of Himachal Pradesh v. Asha Ram
Conviction can be based on the sole testimony of the child survivor. Corroboration of the child survivor’s testimony is only a general prudence necessitated in certain circumstances and is not a requirement of law. Minor inconsistencies are immaterial and must not form a ground for throwing out an otherwise reliable prosecution case.
Pincites Para 5, 15-20; Page 5, 8-10 Read case : State of Himachal Pradesh v. Asha Ram -
Imran Shabbir Gauri Vs. State of Maharashtra
The court held that the concerned authorities of the State Government or Central Government will take some initiative in incorporating certain amendments under relevant laws so as to give status to Section 164 statement as that of examination-in-chief in all eventualities. The trauma that a victim has to undergo, after the incident does not stop…
Pincites Para 48; Page 13, 14 Read case : Imran Shabbir Gauri Vs. State of Maharashtra -
State of Punjab v. Gurmit Singh
Corroborative evidence is not an imperative component of judicial credence in every case of rape. If the testimony of the child is reliable and inspires confidence, courts can convict on the disposition of the child survivor alone. Supposed considerations which have no material effect on the veracity of the prosecution case or even discrepancies in…
Pincites Para 9 and 13 Page 5-7, 10 Read case : State of Punjab v. Gurmit Singh
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