Recording of statement of child-victim u/s 164 CrPC not evidence u/s 35(1) POCSO Act A bench of the Karnataka High Court, of Justices BV Nagarathna and MG Uma, have held that a statement of a child-victim recorded under Section 164 of the Criminal Procedure Code (Recording of confessions and statements) cannot be construed as evidence under Section 35 of the Protection of Children from Sexual Offences Act (Period for recording of evidence of child and disposal of case) (H Moogaveera v. State of Karnataka). The court observed that a statement under Section 164 of CrPC is during the course of investigation or at any time afterwards before the commencement of the trial. On the other hand, the evidence recorded before the Special Court under Section 35 of the POCSO Act is during the course of the trial. The two cannot be equated and neither are they on same plane. Reddy & Reddy Law Firm has a forte in handling litigation matters. They have an experienced team of lawyers ready to assist in all your disputes.