Statement of victim child recorded under Section 164 of CrPC not evidence under Section 35 of POCSO Act: Karnataka High Court

The Court held that recording of statement under Section 164 of CrPC being prior to the commencement of the trial, it cannot be considered to be evidence under sub-section (1) of Section 35 of the POCSO Act.
Karnataka HC and POCSO
Karnataka HC and POCSO

The Karnataka High Court recently held that a statement of a victim child recorded under Section 164 (Recording of confessions and statements) of the Code of Criminal Procedure (CrPC) cannot be considered as evidence recorded under Section 35 (Period for recording of evidence of child and disposal of case) of the Protection of Children from Sexual Offences Act [H Moogaveera vs State of Karnataka].

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