victim testimony Archives

Madras HC: Victim’s credible testimony enough to sustain rape conviction despite no external injuries

The Madras High Court also reiterated that an aggravated offence under Section 376(2)(f) IPC requires specific proof that the accused was in a position of trust or authority over the victim, which cannot be inferred merely from a relationship.

Case Briefs High Courts

From Apology Emails to CCTV Timestamps: How the Bombay High Court read the evidence differently from the Trial Judge to Convict Tarun Tejpal

The High Court held that the victim’s testimony was natural, credible and inspiring of confidence, while the trial court’s appreciation of evidence was not only unreasonable but perverse, rendering its conclusions untenable and contrary to any possible view of the evidence.

Case Briefs High Courts

‘Victim Testimony delay not a ground in POCSO cases’; Delhi High Court denies bail in sexual assault and trafficking case

It is crucial to recognize that delays in the victim’s testimony before the learned trial court, often attributed to the intricate nature of trauma recovery, should not serve as grounds for the accused to seek bail.

Case Briefs High Courts

[POCSO] Not expected for 7-year-old child to recapitulate the harrowing incidents with mathematical precision; Delhi High Court upholds conviction based on child testimony

Delhi High Court observed that it cannot lose sight of the fact that alleged offence was committed with a child victim of tender age who got frightened by the threats extended to him by the accused as well as by the alleged act of the accused and it is not expected that a child of such a tender age would behave like an adult by raising the alarm promptly.