Is the sole testimony of the victim sufficient to convict an accused where that testimony is of sterling quality?
Coram: Justice G.Arul Murugan
The sole testimony of the victim is sufficient to convict an accused where that testimony is of sterling quality.
Yes. The sole testimony of the victim is sufficient to convict an accused where that testimony is of sterling quality and inspires the confidence of the Court. Where the victim's evidence is clear, unambiguous and trustworthy, withstands cross-examination and is corroborated by the medical evidence and records, no further corroboration is required for recording a conviction.
Protection of Children from Sexual Offences Act, 2012 — ss.5(l), 6, 29 — Indian Penal Code, 1860 — s.366 — Age of the victim — Consent immaterial — Sole testimony of the victim — Delay in lodging the complaint — Statutory presumption — Protection of Children from Sexual Offences Act, 2012 — Minor victim — Consent — Held: Once it is established that the victim was a minor, the question of consent becomes insignificant. (¶32) Evidence — Sole testimony of the victim — Held further: The sole testimony of the victim is sufficient to convict an accused where that testimony is of sterling quality and inspires the confidence of the Court. (¶27, 28) Criminal law — Sexual offences — Delay in lodging the complaint — Held further: Mere delay in lodging the complaint in a sexual offence case is not by itself fatal to the prosecution where the delay is properly explained. (¶30) Protection of Children from Sexual Offences Act, 2012 — s.29 — Statutory presumption — Held further: The statutory presumption under s.29 of the Protection of Children from Sexual Offences Act, 2012 operates once the prosecution establishes the foundational facts. (¶33) Conviction and sentence confirmed; appeal dismissed. (¶34, 35)
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