AI Overview...
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Sole Testimony of Victim as Evidence - The courts have consistently held that the sole testimony of a victim, particularly a child, can be sufficient for conviction if it is found credible, reliable, and supported by other evidence such as medical reports or witness testimonies. The recorded statement under Section 164 CrPC plays a crucial role in establishing the victim's deposition during trial Tshering Thendup Bhutia, Son of Shri Passang Tshering Bhutia vs State of Sikkim - Sikkim, Chitti Kala Chakma VS State of Mizoram - Gauhati, Chhiti Kala Chakma vs State of Mizoram - Gauhati, KESHAB PATHAK VS STATE OF ASSAM - Gauhati, ROY J VAYALAT vs STATE OF KERALA - Kerala.
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Credibility and Reliability of Victim’s Testimony - The courts emphasize assessing the victim's mental capacity, age, and consistency of statements. Even in cases involving mentally challenged children or minors, their testimony can be deemed trustworthy if it is consistent, corroborated, and supported by medical evidence or witness accounts. The victim’s limited intellect or delay in FIR filing does not automatically discredit their testimony if the court finds it credible Ranjit Kumar Das VS State of Tripura - Tripura, KESHAB PATHAK VS STATE OF ASSAM - Gauhati.
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Role of Section 164 CrPC - The statement recorded under Section 164 CrPC is pivotal, as it provides an opportunity for the victim to depose in a less intimidating environment. Such statements are given significant weight in determining credibility, especially when the victim is a minor or mentally challenged Chitti Kala Chakma VS State of Mizoram - Gauhati, Chhiti Kala Chakma vs State of Mizoram - Gauhati, ROY J VAYALAT vs STATE OF KERALA - Kerala.
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Limitations and Caveats - The courts also consider potential issues like inconsistency in statements, delay in FIR, and lack of corroborative witnesses. These factors may be scrutinized, but they do not necessarily negate the reliability of the victim’s testimony if overall, the evidence inspires confidence Jitendra Paswan, S/o. Mushar Paswan VS State Of Bihar - Patna, Golap Bhuyan, S/o. Thaneswar Bhuyan VS State Of Assam, Represented. By The Public Prosecutor - Gauhati, Mantoo Sharma VS State - Delhi.
Analysis and Conclusion:
The legal position firmly supports that the sole testimony of a victim, especially a child or minor, can form the basis for conviction if it is credible, consistent, and corroborated by other evidence such as medical reports or judicial statements under Section 164 CrPC. Courts carefully evaluate the victim’s mental capacity, consistency, and the circumstances of the case, but delay in FIR or lack of corroboration does not automatically invalidate the testimony. Overall, the courts recognize the importance of the victim’s testimony as a reliable and sufficient basis for conviction when supported by appropriate evidence.
Search Results for "Sole Testimony of Victim and 164 Crpc"
2024 Supreme(Online)(Sikk) 33 • India - THE HIGH COURT OF SIKKIM : GANGTOK
MEENAKSHI MADAN RAI, BHASKAR RAJ PRADHAN
- Conviction based on sole testimony of the victim found reliable and corroborated by multiple witnesses - Delay in FIR lodging ... (Paras 4, 16) ... ... Ratio Decidendi: The Court underscored that the sole testimony of a victim ... (Paras 1-3) ... ... Findings of Court: ... The Court found the testimony of the victim consistent ... The victim proved the FIR and also identified her statement to the Magistrate under section #H....
2022 0 Supreme(Gau) 1166 • India - Gauhati
MARLI VANKUNG
Criminal Procedure Code, 1973 – Section 313, 164 – Protection of Children from Sexual Offences Act, 2012 ... Judicial District Criminal Trial convicting accused appellant – Held, Court considered view that there is no reason to doubt her testimony ... The judicial statement recorded under Section 164 CrPC support her deposition made before the Court and thus, the sole testimony of the victim girl can be relied upon. ... The learned Public Prosecutor ....
• India - Gauhati
Mrs. Justice Marli Vankung, J
testimony of the victim girl deemed reliable - Testimony corroborated by witness accounts and medical examinations - Conviction ... 28, 29) ... ... (B) Appeal - The conviction shall rest primarily on the credibility of the child victim's testimony ... Special Court - Delay in FIR filing explanation considered sufficient, rendering prior judgments cited by defense inapplicable - Sole ... The judicial statement recorded under Section 164 CrPC support her deposition ma....
2022 0 Supreme(Pat) 988 • India - Patna
CHAKRADHARI SHARAN SINGH, KHATIM REZA
Issues: The key issues revolved around the determination of the victim's age, the credibility of the victim's testimony, and ... Additionally, the court noted that the accusations of sexual assault lacked corroboration and the witnesses' testimony was not trustworthy ... This Court, in such circumstance, is required to consider as to whether the conviction of these appellants for commission of the offence punishable under Section 376D of the I.P.C. is justified, based on the sole testimony of the victim#HL_END....
2023 0 Supreme(Gau) 546 • India - Gauhati
MALASRI NANDI
of prosecution version - There was sole testimony of victim - There was no document except medical opinion regarding age of victim ... Indian Penal Code, 1860 - Section 366, 375, 376, (1) – Criminal Procedure Code, 1973 - Section 313, 164 ... when recorded by Magistrate, under Section 164 CrPC and when deposed before trial Court - Conviction was based on evidence, which ... The contradictions in the statement of the father of the victim#HL_....
2015 0 Supreme(Gau) 10 • India - Gauhati
B.K.SHARMA
of prosecutrix/victim is like that of an injured person - Conviction can be based on sole testimony of a victim - In instant case ... , victim was a minor aged about 8/9 years - She consistently stated about rape committed on her both in her statement u/s 164 Cr.P.C ... Thus, it did not reflect any conflict of interest, rather, they were parties to same cause - In case of an offence u/s 376 IPC, testimony ... In the case of an offence u/s 376 IPC, th....
2020 0 Supreme(Gau) 461 • India - Gauhati
MANISH CHOUDHURY
Protection of Children from Sexual Offences Act, 2012 – Sections 4, 29 – Indian Penal Code – Sections 363, 366 – Code ... of Criminal Procedure – Sections 161, 164, 376 – Order of Conviction – Appeal from jail is preferred against judgment and order ... The age of the victim, she submits, cannot be considered to be below the age of majority in view of the medical evidence on record. There were no eye-witness except the victim and the conviction could not have been based on the sole testimony#H....
2022 0 Supreme(Del) 1044 • India - Delhi
SIDDHARTH MRIDUL, ANUP JAIRAM BHAMBHANI
Whether the time of death of the victim was consistent with the eyewitness's testimony. 3. ... Whether the testimony of the sole eyewitness was reliable. 2. ... The court found that the time of death of the victim was inconsistent with the eyewitness's testimony. 3. ... The discrepancies and shortcomings pointed-out in the present case between PW-l's statement recorded under section 161 Cr.P.C. and his subsequent statement recorded under section 164 ....
2020 0 Supreme(Tri) 51 • India - Tripura
AKIL ABDUL HAMID KURESHI
The court also emphasized the importance of considering the victim's limited intellect in evaluating her testimony. ... Issues: The main issues revolved around the credibility of the victim's testimony, the delay in filing the FIR, and the medical ... Fact of the Case: The victim, a mentally challenged girl, was raped while she was alone at home. ... She had given different names of the accused in her statements recorded under Section 161 and 164 of Cr.P.C. respectively. He submitted that unless the ....
2022 Supreme(Online)(Ker) 77351 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P, J
It is settled law that in a case like this the conviction itself can be based on the sole testimony of the minor victim if it inspires confidence in the trial court. Therefore the statement recorded from the victim under Section 164 Cr.P.C assumes significance. ... He refers to the statement under Section 164 Cr.P.C, recorded from the minor victim. ... It is submitted that there is absolutely no delay in recording the statement of t....
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