Case Repository

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.

The court took note of the problem of long delays in recording testimonies of child survivors and the adverse effects it has on the child and the prosecution’s case. In light of these observations, the court framed and issued guidelines to be followed to ensure expeditious recording of testimonies of child survivors. The court stressed…

Para 11 - 15; Page 2 - 5

When the prosecution fails to establish a strong preponderance of probability sufficient to raise a presumption under Section 29 POCSO, the negative burden to prove their innocence will not shift to the accused if the defence effectively discredits the prosecution's case, the accused will be discharged of their onus under Section 29 POCSO.

Para 43, 50, 52, 53; Page 5, 6, 7

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…

Para 11 and 12; Page 2-3

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…

Para 383-393; Page 200-205

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.

Para 19; Page 11

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.

Para 5, 15-20; Page 5, 8-10

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…

Para 9 and 13 Page 5-7, 10

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.

Para 4-11, Pages 3-11

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.

Para 8.1-12, Pages 4-9