Case Repository

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.

Para 31, Page 11

Conviction can be based solely on the testimony of the child survivor if it is trustworthy and reliable, even in the absence of corroborating evidence or injuries. Minor discrepancies in her does not make it unreliable.

Para 9-15 Page 195-198, 204, 205

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…

Para 11, 19 Page 39,42-44

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…

Para 27-33; Page 5, 6 & 7

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.