A Critical Analysis of Precedents on Child Evidence in Child Abuse Cases

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ID: 311044
2020
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Abstract
The evidence is a tool to determine the innocence and guilt of any accused in a criminal trial. The trials of child sexual abuse cases are always a difficult job to do. Under the relevant law, there is no prohibition as to the competence of a witness except in a few cases, even the evidence of a single witness can prove the case. The law and precedents do not prohibit a child to testify before a court, however, there are some restrictions imposed by the Superior Courts of the country. The basic criterion is that the child should comprehend the questions asked to him and capable to give rational answers. According to precedents the tender age of the child witness is no bar to preclude him to testify. The Superior Court of the country requires that the trial court before recording the evidence of a child must ask some preliminary inquiry/questions to him and satisfy himself as to the competence of a child, this exercise is based on the rule of prudence. According to precedents the evidence of a child witness can be relied upon for passing the conviction, even the solitary statements of the victim child are sufficient but the same must be corroborated through some independent and confidence-inspiring source.
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imported_1769980175_697fc10fdb542 Use this key to autocite in the manuscript while using SciMatic Manuscript Manager or Thesis Manager
Authors Nadia Zafar
Journal Pakistan Journal of Islamic Research
Year 2020
DOI
DOI not found
URL
https://pjir.bzu.edu.pk/index.php/pjir/article/view/171
Keywords Keywords not found

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