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Supreme Court of India 2020-10-14 dismissed

Ganesan vs State Represented by its Inspector of Police

Bench: 3 — Ashok Bhushan, R. Subhash Reddy, M.R. Shah

In Brief

A 25-year-old man was convicted under the Protection of Children from Sexual Offences (POCSO) Act, 2012, based on the testimony of a 13-year-old victim who was a student in Class V. The victim's mother later turned hostile and did not support the prosecution. The Court held that conviction on the sole testimony of a child sexual abuse victim is permissible in law provided her evidence is reliable and trustworthy. The victim's testimony was consistent, detailed, and withstood rigorous cross-examination, qualifying as "sterling" evidence requiring no corroboration. The trial court's sentence of three years rigorous imprisonment (the statutory minimum) and compensation order were upheld, with the High Court's modification making the State initially responsible for compensation, recoverable from the accused if he proves sufficient means.

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Criminal Law Sexual Offences Child Protection Evidence Witness Credibility Victim Testimony Compensation

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