Case Repository

Conviction can be based on the sole testimony of the prosecutrix. There is only need to look for corroboration when the prosecution’s case suffers from high improbabilities.

Para 19; Page 11

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 victim, mere lapses in the victim's statement…

Para 29-31, 34-37, 39-41, 42-44, 50, 61, 72-75; Page 5-8, 11, 14

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

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…

Para 48; Page 13, 14

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 victim 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

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