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🌟 Child In Conflict With Law Through His Mother v. State Of Karnataka & Anr, 2024

The Court noted that neither any time has been fixed for filing the appeal nor any provision is provided for condonation of delay in case where the appeal is sought to be preferred under Section 101(2) of the JJ Act against the JJB's preliminary assessment order passed under Section 15(1). The bench comprising Justices C.T. Ravikumar and Rajesh Bindal sought to fill up the gap by prescribing 30 days' time limit which otherwise does not go against the scheme of the Act.

β€œIn our opinion, the same being an omission. In order to make the Act workable and putting timelines for exercise of statutory right of appeal which always is there, we deem it appropriate to fill up this gap, which otherwise does not go against the scheme of the Act.

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β€œAs in the process of preliminary inquiry there is involvement of many persons, namely, the investigating officer, the experts whose opinion is to be obtained, and thereafter the proceedings before the Board, where for different reasons any of the party may be able to delay the proceedings, in our opinion the time so provided in Section 14(3) cannot be held to be mandatory, as no consequences of failure have been provided as is there in case of enquiry into petty offences in terms of Section 14(4) of the Act

🌟 Latin Maxims which are used interpretation-
1 UT res mages valeat quam pareat
2. Casus Omissus

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1869420122025-02-24-588355 (1).pdf
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πŸ‘¨β€βš–οΈ State of Madhya Pradesh v. balveer Singh, 2025

βœ“ Evidence of Child Witness and Test for parsing Tutored Testimony.
βœ“ 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 β€œprima facie case” (foundational facts) in the context of Section 106
of the Evidence Act
?

Important for POCSO foundational facts
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1869420122025-02-24-588355 (1).pdf
πŸ‘ΆπŸ—£οΈ 4 Principles for Child Witness Testimony

πŸ‘¨β€βš–οΈ Case:

State of M.P.
v.
Ramesh

[2011]


1. The evidence of child must reveal that he is able to discern b/w Right & Wrong either by cross examination of defence, by putting questions (165) or by the testimony itself.

2. In case the child explains the relevant events of the crime without improvements or embellishments, and the same inspire confidence of the court, his deposition does not require any corroboration whatsoever.

3. If the tutored part can be separated from the untutored part of testimony and the latter inspires confidence then it can be believed or considered for corroboration as in hostile witness cases.

4. Whether tutored or not can be ascertained from deposition of child.
Only in case there is evidence on record to show that a child has been tutored, the court can reject his statement partly or fully and look for corroboration.

Child testimony is at par with other witnesses if the child is competent to testify, more care must be taken whilst taking testimony as it is susceptible to tutoring.

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Earlier under 7 years of age a person is not considered competent to give testimony but Uk has evolved almost to the extent of Indian legal system on child witness.

Indian Cases
1. Rameshwar v. State of Rajasthan (1952): The landmark judgment held that child testimony, much scrutinized, does not require compulsory corroboration in the absence of grounds for suspecting tutoring or fabrication.
2. Dattu Ramrao Sakhare v. State of Maharashtra (1997): The Supreme Court once again reiterated that when a child witness appears to be truthful and consistent, the said testimony could alone furnish the basis for conviction.

The core of Child witness testimony is that the judge must see it is not tutored or there is not undue influence or any other external influence or pressure.

If the testimony is found reliable there is no need of corroboration and it can become the sole basis of conviction.

In India section 118 and 119 (competency) of BSA and POCSO (provisions relating to safe environment, reduce trauma etc) delas with child witness testimony.

In a nutshell child is a as competent as and adult sound person and the testimony cannot be rejected on the grounds of AGE.

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