Evidence Law - Litigating Hand

Mohamed Sugal Esa Mamasan Rer Alalah vs. The King [AIR 1946 PC 3]: Privy Council

Finding corroboration to a child’s testimony is rule of prudence and not of law

9. It was also submitted on behalf of the appellant that assuming the unsworn evidence was admissible the Court could not act upon it unless it was corroborated. In England where provision has been made for the reception of unsworn evidence from a child it has always been provided that the evidence must be corroborated in) some material particular implicating the accused. But in the Indian Act there is no such provision and the evidence is made admissible whether corroborated or not. Once there is admissible evidence a Court can act upon it; corroboration, unless required by statute, goes only to the weight and value of the evidence. It is a sound rule in practice not to act on the uncorroborated evidence of a child, whether sworn or unsworn, but this is a rule of. prudence and not of law.

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