AI Overview...
Victim Hostile but FSL Report Positive in Pocso Cases
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Hostility of Victims and Witnesses
Multiple sources highlight that victims and their family members (notably mothers) often turn hostile during trial, undermining prosecution cases. For instance, sources DURGESH S/o SUKKAN DHURVE VS STATE OF MADHYA PRADESH - Madhya Pradesh, Sanjeev Kumar VS State of H. P. - Himachal Pradesh, Mukesh Kumar vs State of H.P. - Himachal Pradesh, and Kishan Chand VS State of Himachal Pradesh - Crimes discuss how witnesses, including the victim and her mother, became hostile, affecting the credibility of testimonies. Despite this, courts have sometimes upheld convictions based on other evidence. -
Role of FSL and DNA Evidence
Several cases demonstrate that even when victims or their guardians turn hostile, forensic evidence like FSL reports and DNA matches can substantiate the case. - Source MD. MURSHID vs STATE NCT OF DELHI - Delhi emphasizes that DNA evidence, corroborated by medical and testimonial evidence, led to conviction despite hostile witnesses.
- Source DURGESH S/o SUKKAN DHURVE VS STATE OF MADHYA PRADESH - Madhya Pradesh notes that a negative FSL report was considered alongside other factors, and highlights the importance of DNA verification in POCSO cases.
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Source Sanjay VS State Of Haryana - Punjab and Haryana shows that detailed victim testimony combined with medical reports and forensic evidence established guilt, even if the mother was hostile.
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Importance of Forensic and Medical Evidence
Forensic reports, including DNA analysis, are crucial, especially when testimonial evidence is weak due to hostility. Courts have relied on such evidence to uphold convictions (e.g., MD. MURSHID vs STATE NCT OF DELHI - Delhi, Sanjay VS State Of Haryana - Punjab and Haryana). -
Legal Insights
- Courts recognize the challenges posed by hostile witnesses but also acknowledge that positive forensic evidence can compensate.
- The POCSO Act emphasizes the victim's testimony, but courts are increasingly valuing forensic evidence as corroborative, especially when witnesses turn hostile (MD. MURSHID vs STATE NCT OF DELHI - Delhi, Sanjay VS State Of Haryana - Punjab and Haryana).
Analysis and Conclusion
In Pocso cases, the victim's hostility does not necessarily negate the possibility of conviction if forensic evidence, such as DNA analysis and medical reports, is positive. Courts have upheld convictions based on forensic corroboration despite hostile witnesses, recognizing the importance of objective evidence in protecting children's rights and ensuring justice. Therefore, a positive FSL report and DNA evidence can be decisive, even when the victim or her family is hostile during trial.
References
- DURGESH S/o SUKKAN DHURVE VS STATE OF MADHYA PRADESH - Madhya Pradesh
- Dharmender @ Dholiya VS State Of Haryana - Punjab and Haryana
- Sanjeev Kumar VS State of H. P. - Himachal Pradesh
- State of West Bengal VS Sukol Tudu Alias Chhattu - Calcutta
- MD. MURSHID vs STATE NCT OF DELHI - Delhi
- Mukesh Kumar vs State of H.P. - Himachal Pradesh
- Sanjay VS State Of Haryana - Punjab and Haryana
- Kishan Chand VS State of Himachal Pradesh - Crimes
- Ajitkumar Kumarsinh Bhagora VS State of Gujarat - Crimes
- Ajitkumar Kumarsinh Bhagora VS State of Gujarat - Gujarat
Search Results for "In Pocso Cases Victim is Hostile but Fsl is Positive"
2022 0 Supreme(MP) 576 • India - Madhya Pradesh
VISHAL MISHRA
The victim and her mother turned hostile, and the FSL report was negative. ... stance of the victim and her mother, and the negative FSL report. ... of the victim and her mother, the negative FSL report, and the need for DNA verification in rape cases, as highlighted in the judgments ... It is pointed out that this application has been filed on the ground that the statements of prosecutrix as well as her mother have been recorded before the trial Cou....
2020 0 Supreme(P&H) 57 • India - Punjab and Haryana
RAJIV SHARMA, HARINDER SINGH SIDHU
Finding of the Court: The court found that although the witnesses turned hostile, the evidence presented, including ... The victim, a 2 1/4-year-old girl, was allegedly sexually assaulted by the accused, leading to the filing of a formal FIR and subsequent ... credibility of the witnesses, the absence of certain material witnesses, and the lack of direct evidence linking the accused to the victim ... No doubt that the witnesses in this case have turned hostile. The most material witnesses are PW 2 Jyoti the mother of t....
2021 0 Supreme(HP) 93 • India - Himachal Pradesh
SANDEEP SHARMA
the prosecution witnesses including the prosecutrix has supported the case of the prosecution that accused Sanjeev Kumar raped victim ... /prosecutrix on the date of alleged incident, but still accused came to be convicted on the basis of FSL report, correctness whereof ... Protection of Children from Sexual Offences Act, 2012 – Sections 4, 17 – Code of Criminal Procedure, 1973 ... Having perused the statements of Raj Sunani (PW-9), victim/ prosecutrix (PW-10), Shanti Devi (PW-11) and Ms. Arti (PW-14), this Court finds t....
2018 0 Supreme(Cal) 926 • India - Calcutta
JOYMALYA BAGCHI, RAVI KRISHAN KAPUR
The prosecution's case relied on circumstantial evidence, including the appellant being seen leaving with the victim, his return ... court commuted the death sentence to life imprisonment, considering the appellant's young age, lack of criminal antecedents, and positive ... The appellant was convicted under section 302 of the Indian Penal Code and under section 6 of the Protection of Children from ... State of Gujarat, (2013) 7 SCC 45, although the confession of the accused was not believed and the seizure witnesses relating to recovery ....
2025 Supreme(Online)(Del) 6974 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
MANOJ KUMAR OHRI, J
convicted based on deposition of child victim, coupled with corroborative medical evidence and FSL report leading to DNA match - ... ... ... Findings of Court: ... The Court upheld the conviction based on the detailed testimony of the child victim and corroborative ... under POCSO Act. ... It is contended that as per the testimony of the mother, she had seen the child victim holding her underwear in her hand, which was not even put to the child victim for identification and thus, ev....
• India - High Court of Himachal Pradesh
Tarlok Singh Chauhan, Mr. Justice Virender Singh, JJ
parents, whose testimony turned hostile, undermining the prosecution's case. ... (Paras 56, 66) ... ... (C) Evidence - Importance of witnesses, including the child victim and ... (Paras 58, 66) ... ... Facts of the case: ... The child victim alleged being kidnapped and raped ... In this case, the star witnesses, which have been examined by the prosecution to substantiate the charges framed against the accused, turned hostile. ... Thereafter, at the instance of the accused, the child victim had worn....
2022 0 Supreme(P&H) 1159 • India - Punjab and Haryana
RITU BAHRI, ASHOK KUMAR VERMA
victim, medical reports, and witness testimonies to establish the guilt of the accused under Section 4 of the POCSO Act. ... The court emphasized the importance of the victim's testimony in cases of sexual assault and highlighted the provisions of the POCSO ... During the trial, the victim identified the accused and provided a detailed account of the assault. ... Finally, it was observed that even if, mother of the victim had turned hostile, it would not wash away the....
• India - Crimes
TARLOK SINGH CHAUHAN, CHANDER BHUSAN BAROWALIA
in another room—During trial victim and her mother, both star witnesses turned hostile and did not support the case—Trial Court ... in her house in the night when grandmother of prosecutrix was sleeping in a room and other siblings of victim were watching television ... Protection of Children from Sexual Offences Act, 2012—Section 5(m) r/w Section 376(2)(i) IPC—Rape of young girl aged about 12 years ... Therefore, it cannot be said that DNA report lacks other positive support. 23. ... It was ruled out ....
• India - Crimes
J.B.PARDIWALA, A.C.RAO
of two-accused-appellants for offences under – Accused caught hold of victim while she was returning to her home at about 8 p.m. ... and committed rape on her, one after another – Victim while at the house of her cousin sister in other state gave birth to a child ... and baby was abandoned – Victim revealed at that stage that she had conceived on account of rape committed by appellants nine months ... The PW 3 is the father of the victim. However, the PW 3 has not supported the case of the prosecution. He was declared #H....
2019 0 Supreme(Guj) 587 • India - Gujarat
J.B.PARDIWALA, A.C.RAO
Indian Penal Code,1860 – Sec.376(d), 506(2),114 – POCSO ACT. – captioned appeal arise from a selfsame Judgement ... The PW 3 is the father of the victim. However, the PW 3 has not supported the case of the prosecution. He was declared hostile. ... He has been declared as a hostile witness. The only part of his evidence which we may take note of is that the victim was interrogated by the police at Rajasthan and in the course of the interrogation, the victim had stated about the incident....
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