Articles for Child Witness

[S. 33(5) POCSO Act] Child Witness Cannot Be Recalled To Fill Up Lacuna And Omission In Evidence Of Accused: Kerala High Court
7 months, 2 weeks ago

[S. 33(5) POCSO Act] Child Witness Cannot Be Recalled To Fill Up Lacuna And Omission In Evidence Of Accused: Kerala High Court

Live Law  

The Kerala High Court held that a child witness cannot be recalled for cross-examination by the accused to fill the lacuna or omission in their case as per Section 33 of the Protection of Children from Sexual Offences Act, 2012. However, in such cases, it should be established that such recalling is absolutely necessary for the just decision of the …

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Orissa High Court Weekly Round Up: September 6 To September 11, 2022
2 years, 3 months ago

Orissa High Court Weekly Round Up: September 6 To September 11, 2022

Live Law  

Nominal Index: Ashok Kumar Gedi v. Jyotrimayee Behera & Ors., 2022 LiveLaw 132 Ashis Kerketta & Anr. 6 R. 17 CPC | Amendment To Election Petition Can't Be Permitted To Cure 'Inherent Defect' After Expiry Of Limitation Period: Orissa High Court Case Title: Ashok Kumar Gedi v. Jyotrimayee Behera & Ors. Orissa High Court Upholds Life Sentences Of Murder Convicts …

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Orissa High Court Upholds Life Sentences Of Murder Convicts Basing Upon Testimony Of 'Child Witness'
2 years, 4 months ago

Orissa High Court Upholds Life Sentences Of Murder Convicts Basing Upon Testimony Of 'Child Witness'

Live Law  

The Orissa High Court has upheld the life imprisonment of two murder convicts while placing reliance upon the testimony of a child witness. A Division Bench of Chief Justice Dr. S. Muralidhar and Justice Chittaranjan Dash observed, "In the present case, the Court is satisfied that the evidence of PW-14, the child witness, is clear and cogent without any contradictions …

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Competency Certificate Of Child Witness Not Mandatory If It Understands Court's Questions & Answers Rationally: Allahabad HC In POCSO Case
2 years, 9 months ago

Competency Certificate Of Child Witness Not Mandatory If It Understands Court's Questions & Answers Rationally: Allahabad HC In POCSO Case

Live Law  

The Allahabad High Court has held that the Competency Certificate of a child witness is not mandatory if the child gives rational answers to the court's questions and his testimony is unshaken, inspires confidence of the Court. But, if the court has put the question to understand his intellect to understand the question and if he replied the rational answer …

Court Witness Child Held Certificate Questions Understand
Deposition Of Child Witness 'Tutored': Bombay High Court Acquits Accused In POCSO Case
3 years, 4 months ago

Deposition Of Child Witness 'Tutored': Bombay High Court Acquits Accused In POCSO Case

Live Law  

Observing that a child witness, by reason of his/her tender age, is a pliable witness and is amenable to tutoring and inducement, the Bombay High Court has acquitted a man convicted for raping a victim less than five year old. Justice Anuja Prabhudessai, disbelieving the child witness testimony before the trial court, as well as casting doubt on the child's …

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