POCSO -- Victim Turning Hostile -- Section 164 CrPC Statement Usable for Corroboration Where Signature Admitted Without Coercion
(i) Protection of Children from Sexual Offences Act, 2012, S.5(l) r/w S.6 -- POCSO -- Victim Turning Hostile -- Section 164 CrPC Statement -- A statement recorded under S.164 CrPC can be used for both contradiction and corroboration -- Where a victim turns hostile but admits her signature on the S.164 statement and does not allege recording under threat or coercion, the statement can be relied upon for corroboration -- Objections regarding collection of samples or chain of custody cannot be raised for the first time at the appellate stage if not questioned during cross-examination at trial. (ii) Protection of Children from Sexual Offences Act, 2012, S.5(l) r/w S.6 -- POCSO -- Repeated Assault -- Conviction -- A charge under S.5(l) r/w S.6 POCSO requires evidence of repeated assault -- Where such evidence is lacking, conviction may be altered to S.5(j)(ii) r/w S.6 without prejudice to the accused.
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