Case Repository

The Court held that Sections 33(5) and 36(1) of the POCSO Act mandate that a child survivor ought not to be called repeatedly to testify in the Court. While Section 311 of the CrPC gives power to the Court to recall any witness to serve the cause of justice, but the said section is subject…

Para 19, 23; Page 3,4

The child may have a parent or other trusted person present at the time of testifying and can call for assistance from an interpreter, special educator, or other professional while giving evidence. Further, the Court held that the child is not to be called repeatedly to testify in Court and may testify through a video…

Para 2, 15, 17, 19, 22; Page 1, 3, 4

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

Sections 29 and 30 of the POCSO Act are held to be Constitutional and they do not violate the Fundamental Rights, nor are they contrary to the basic criminal Principles. Presumption under Sections 29 and 30 POCSO would become operational only after the prosecution has established the foundational facts beyond reasonable doubt.

Para 21-31, 35; Page 15-18