Case Repository

The presumption clause of Section 29 POCSO is applicable to both the offender and the abettor of the offence. When foundational facts have been established, the accused must discharge the reverse burden cast by Sections 29 and 30 POCSO.

Para 16-17; Page 8

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