Can the sole evidence of a prosecutrix prove the offence unless she is a sterling witness?
Coram: Justice Prashant Kumar Mishra · Justice N.V. Anjaria
The sole evidence of a prosecutrix can prove the offence only if she is a sterling witness of unassailable version.
No. Sole evidence can prove the offence only if the witness is of sterling quality, whose version is unassailable and consistent from the starting point, when the initial statement is made, till the end before the court, and has co-relation with the scientific evidence and expert opinion. Here the mother's evidence, with material improvements over her first account and contradictory to the medical and FSL evidence, could not be treated as that of a sterling witness.
Protection of Children from Sexual Offences Act, 2012 — ss.29, 30 — Statutory Presumption — Reverse Burden — Preponderance Of Probability — Sterling Witness — Acquittal — Protection of Children from Sexual Offences Act, 2012 — ss.29, 30 — Presumption Rebuttable, Not Absolute — Held: The presumptions in Sections 29 and 30 of the POCSO Act are not absolute and operate only once the prosecution establishes the foundational facts. Courts must still weigh the evidence with the usual principles. (¶7) Protection of Children from Sexual Offences Act, 2012 — s.29 — Standard Of Proof — Beyond Reasonable Doubt — Held further: Even with a reverse burden, the prosecution must prove guilt beyond reasonable doubt, while the accused rebuts on a preponderance of probability, including by showing gaps and mismatch of ocular and medical evidence. (¶7) Evidence — Sole Testimony Of Prosecutrix — Sterling Witness — Consistency From Initial Statement — Held further: Sole evidence can prove the offence only if the witness is sterling, consistent from the initial statement to the court and matching the scientific evidence. Appeals allowed; appellant acquitted. (¶5, 10)
Headnote
You've used your free headnotes this month
The answer above and the Court's own paragraphs stay free. LexStreak's full headnote on this judgment needs an account — a free one opens it again.
Create my free accountOne judgment a day. That's the whole habit.
Read the full text of DEEPAK IN JC v. STATE GOVT. OF NCT DELHI — and get the Supreme Court's output as a five-minute daily read, with plain-language headnotes and the questions each judgment settles.
Create my free accountFree forever plan · 30 seconds · data stays in India