Facts
The survivor child aged 14 years was convinced by the Accused no.1 to run away with him. The accused took her to the house of Accused no. 2. Accused no. 3 also came by bus to the house of Accused no. 2 and in the presence of Accused no.2 and Accused- no.3, Accused no.1 forcefully had sex with the survivor that night and thereafter for several days. The survivor’s grandmother registered a complaint against the accused person. The Accused were charged under Sections 366 IPC, 9 and 10 of the Prohibition of Child Marriage Act, 2006, 6 and 17 of the POCSO Act. The trial court convicted all three accused persons and the present appeal was filed before the court.
Judgment
The High Court, while upholding the conviction of the accused persons, held that Section 29 of the POCSO Act is a presumption clause applicable to both the offender and the abettor of the offense, and the accused must rebut the presumption. The court further held that Section 30 of the POCSO Act, which contains a presumption of mens rea, must be discharged when the foundational facts are established, which were established in the present case. However, owing to the fact that the child survivor and main accused were in love, the sentences of the accused persons were reduced to the minimum sentence.
High Court of Gauhati