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1 - 10 of 20 (0.72 seconds)Section 376 in The Indian Penal Code, 1860 [Entire Act]
Section 366 in The Indian Penal Code, 1860 [Entire Act]
Section 164 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 29 in The Protection of Children from Sexual Offences Act, 2012 [Entire Act]
The Protection of Children from Sexual Offences Act, 2012
Gian Chand & Ors vs State Of Haryana on 23 July, 2013
In any case, it is trite law that a conviction can be based on the sole
testimony of the prosecutrix, provided that it is cogent and reliable. In the
present case, nothing has been elicited which would make the testimony of
the child victim appear tutored or otherwise suspect. On the aspect of public
Signature Not Verified
Digitally Signed CRL.A. 539/2022 Page 11 of 14
By:NIJAMUDDEE
N ANSARI
witnesses, it is settled law that their non-examination is not fatal to the
prosecution case, where the evidence of prosecution witnesses is found to be
cogent, convincing, creditworthy and reliable. (cf: Gian Chand v. State of
Haryana, 3)
Section 428 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 161 in The Code of Criminal Procedure, 1973 [Entire Act]
Wahid Khan vs State Of M.P on 1 December, 2009
17. The MLC and the FSL in the present case do not corroborate the
testimony of the child victim. Since the appellant was caught in the act
midway, it could explain the non-detection of semen on the exhibits.
Furthermore, it is trite law that to establish the offence of rape, penetration,
no matter how slight, is sufficient. (cf: Wahid Khan v. State of M.P.4) It is
not a given that in every case of rape, there would be injuries on the private
part of the victim. There is no requirement in law that if the victim‟s
testimony is not corroborated by the medical opinion, the same has to be
discarded. Corroboration is not a rule of law but a mere rule of prudence. In
cases where the testimony is credible and reliable and does not suffer from
any fatal contradiction, it alone can also be sufficient for conviction.