child witness Archives

Bombay High Court dismisses appeal against conviction for murder of his wife based on child witness’ testimony

Mere accompaniment of uncle to visit court for recording statement under section 164 of CrPC is not good ground or submission to hold that the child was tutored.

Case Briefs High Courts

POCSO| Testimony of child witness can be relied upon in sexual assault cases if trustworthy and unblemished: Calcutta High Court

“In cases involving child witnesses, the Court should consider the child’s age, competency, and demeanor and may uphold a conviction even in the absence of other corroborating witnesses if the victim’s testimony is deemed reliable.”

Case Briefs Supreme Court

Section 118 of Evidence Act | Child witness easily susceptible to tutoring; corroborating testimony not a rule but a measure of caution and prudence: Supreme Court

Supreme Court did not deem it safe to base the conviction only on the testimony of child witness which did not inspire confidence and acquitted the appellant.

Case Briefs High Courts

Bar under Section 33(5) of POCSO Act is not absolute; Kerala High Court allows recalling of child witness for examination for the just decision of the case

Kerala High Court held that child witness can be recalled for examination; bar under Section 33(5) of POCSO Act is not absolute.

Case Briefs High Courts

Cal HC | Court explains ”Intelligible testimony” and “reverse burden of proof”; dismisses appeal of accused charged for raping 3 year old girl under S. 6, POCSO Act

Calcutta High Court: The Division Bench of Soumen Sen and Rabindranath Samanta, JJ., dismissed a criminal appeal which was filed against the

Case Briefs High Courts

Conviction can be based on Testimony of Child Witness: Is it obligatory for a Judge to ask the child whether he/she is able to understand questions put to her? Bom HC [Full Story]

Bombay High Court: Anuja Prabhudessai, J., opined that where the witness is of tender age (as in the instant case before the

Case Briefs High Courts

Del HC | Can testimony of child victim be trustworthy? HC reiterates law on finding child witness competent

Delhi High Court: Emphasising the reliability on the child victim’s testimony, Manoj Kumar Ohri, J., dismissed the appeal filed and the conviction

Case Briefs High Courts

All HC | In rape/sexual assault cases, evidence of the victim alone is sufficient for conviction or corroborative witnesses is a necessity? Explained

Allahabad High Court: Suresh Kumar Gupta, J., while addressing the present jail appeal held that, “…in cases involving sexual assault/rape, it is

Case Briefs High Courts

Bom HC | In the absence of oath can evidence of child witness be considered under S. 118 Evidence Act? HC elaborates

Bombay High Court: A Division Bench of Sunil P. Deshmukh and B.U. Debadwar, JJ., upheld the decision of the Additional Sessions Judge and

Case Briefs High Courts

Tri HC | Corroboration of testimony of child witness is a rule of prudence and nothing more; deposition by child witness after 22 years admitted

Tripura High Court: The Division Bench comprising of Sanjay Karol, CJ and Arindam Lodh, J. admitted the deposition of the prosecution witness

Case Briefs High Courts

Age not a bar to decide competency of a child witness: Minor being the only eyewitness can be recalled at a later stage

Kerala High Court: In the order passed by Sunil Thomas, J., the Court addressed the issue whether a minor is competent enough

Case Briefs High Courts

Evidence led by child witness if found reliable, can’t be dismissed merely on the ground that the same was made by a child

Uttaranchal High Court: The Court recently addressed a criminal petition in which the appellant had appealed against his conviction by trial court

Case Briefs High Courts

Testimonies of child witnesses cannot be automatically rejected, instead to be carefully scrutinized so as to remove doubts of tutoring

Delhi High Court: A Single Judge Bench comprising of Vinod Goel, J, upheld the conviction of the appellant under Section 10 of

High Courts

10 years jail term awarded to a man for raping a 5 year old girl

Delhi High Court: Dealing with a case where a five-year-old girl “X” was raped by her neighbour, a bench of S.P. Garg

High Courts

Court upheld 10 years imprisonment awarded to the accused for committing rape, on the sole testimony of 5 years old victim

Delhi High Court: In an another horrifying incident of rape, where a 5 year old girl was subjected to rape by the