Facts
The child aged 7 years was raped and murdered by the accused was convicted for various offenses under Sections 376, 302, 201 of the IPC, and 5/6 of the POCSO by the trial court and sentenced with capital punishment. The Trial Court convicted him, stating the prosecution had established a chain of circumstances and failed to rebut the presumption under Section 29 POCSO. The High Court also ruled on the prosecution’s reliability of evidence and the appellant’s failure to discharge the burden under Section 29 POCSO. The appellant’s counsel argued that the burden was not shifted due to the prosecution’s failure to prove the offenses beyond a reasonable doubt and filed the present appeal before the court against the order of the High Court.
Judgment
The Court observed that the foundational facts of the offences alleged against the appellant had been established. Therefore, the presumption contemplated under Section 29 POCSO was operational and the appellant was obligated to rebut the presumption and prove that he did not commit the offence. However, the appellant failed to discharge the same. The court upheld the conviction of the accused person but commuted the death sentence awarded under Section 302 IPC to life imprisonment with the accused not being eligible for premature release/remission before 30 years of servicing his sentence.
High Court of Madras