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Age Determination POCSO JJ Act .pdf
1.4 MB
๐Ÿ‘ถ๐Ÿ‘ถ Age Determination POCSO JJ Act | Rule 12 of 2007 or section 94 of 2015 act which one to prefer?


๐Ÿ‘จโ€โš–๏ธ๐Ÿ‘จโ€โš–๏ธ Durgesh Vanshkar
v.
State of Madhya Pradesh
[MPHC, 2024]

Main issue: Application of section 94 on prior cases under 2007 rules and application of s. 6 GCA in rules 2007

๐Ÿค Why JJ is Referred in POCSO and how this controversy started.

Jarnail Singh Vs.
State of Haryana (2013)
In our view, there is hardly any difference in so far as the issue of minority is concerned, between a child in conflict with law, and a child who is a victim of crime.

Whether Scholar register entry or birth certificate from school conclusive? answer ๐Ÿ‘‡


P. Yuvaprakashโ€™ case
(supra) has been re-affirmed by the Honโ€™ble Apex Court in
Manak Chand alias Mani Vs. State of Haryana, 2023 SCC
OnLine SC 1397 in which ratio of Birad Mal Singhvi (supra)
has been relied.

Also Admissibility and probative values are different and see birad mal singhvi case for corroboration required.

@CurrentLegalGK
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๐•ƒ๐”ผ๐”พ๐”ธ๐•ƒ โ„‚๐•Œโ„โ„๐”ผโ„•๐•‹ ๐”ธ๐”ฝ๐”ฝ๐”ธ๐•€โ„๐•Š ๐”น๐•ช- โ„•๐•’๐•ฅ๐•ฆ๐•ฃ๐•’๐• ๐•๐•ฆ๐•ค๐•ฅ๐•š๐•”๐•– โ„ข
POCSO Act | Scholar Register Sufficient To Determine Victim's Age, Prosecution Testimonies Can't Be Disregarded For Trivial Contradictions: MP High Court https://www.livelaw.in/high-court/madhya-pradesh-high-court/madhya-pradesh-high-court-rules-school-admissionโ€ฆ
๐Ÿค• Appreciation evidence | Testimony of Injured Witness

Farid Khan v. The State of Madhya, 2024

It is well settled that criminal jurisprudence attaches great weightage to the evidence of a person injured in the incidence. Such a testimony comes with a in-built guarantee of truth, specially when it is a case of molestation or sexual assaultโ€ฆโ€, and held while also opining that an injured witness wouldn't let go of the actual culprit to trap an innocent person in criminal proceedings.

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โœ๏ธ#Question@CurrentLegalGK

In the Rise of offences in Digital Media, do you think it is wise to have a different mechanism to club the FIR rather than wasting the time of most important court of the Nation via Art 32 for procedural matters.

@CurrentLegalGK
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1869420122025-02-24-588355 (1).pdf
692.9 KB
๐Ÿ‘จโ€โš–๏ธ State of Madhya Pradesh v. balveer Singh, 2025

โœ“ Evidence of Child Witness and Test for parsing Tutored Testimony.
โœ“ Principles of Law relating to appreciation of Circumstantial Evidence.
a. Incriminating Circumstances emerging from the evidence on record.
iii. Principles of Law governing the Applicability of Section 106 of the Evidence Act
iv. What is โ€œprima facie caseโ€ (foundational facts) in the context of Section 106
of the Evidence Act
?

Important for POCSO foundational facts
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