POCSO--Victim Turning Hostile--Section 164 CrPC Statement Usable for Corroboration When Signature Admitted Without Coercion
A statement recorded under Section 164 of the CrPC can be used for both contradiction and corroboration. Where a victim, though turning hostile, admits her signature on the Section 164 statement and does not allege that it was recorded 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. A charge under Section 5(l) read with Section 6 of the POCSO Act requires evidence of repeated assault, failing which the conviction can be altered to Section 5(j)(ii) read with Section 6 without prejudice to the accused.
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