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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 -
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. -
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 -
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. -
Phool Singh v. State of MP
Conviction can be based on the sole testimony of the survivor, without any further corroboration, provided the testimony is found reliable and trustworthy. Even in the absence of any external or internal injuries on the person of the survivor, the conviction can be sustained.
Pincites Para 4-11, Pages 3-11 Read case : Phool Singh v. State of MP -
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 -
Ganesan v. State
In cases where the child survivor is found to be worthy of credence and reliable even if other witnesses turn hostile, conviction can be based on her sole testimony. No corroboration is required.
Pincites Para 8.1-12, Pages 4-9 Read case : Ganesan v. State -
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 Himachal Pradesh v. Sanjay Kumar alias Sunny
The testimony of a survivor in sexual offences cases is vital unless compelling reasons necessitate corroboration. Courts should find no difficulty to convict on the testimony of the survivor of a sexual assault alone if the testimony inspires confidence.
Pincites Para 31, Page 11 Read case : State of Himachal Pradesh v. Sanjay Kumar alias Sunny
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