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1–2 of 2 cases
  1. High Court of Gauhati Crl. Appeal (J) 87/2017 [MANU/GH/0220/2020]

    Bhupen Kalita v. State of Assam

    Ratio

    For the applicability of Section 29, the prosecution is required to establish foundational facts on the standard of preponderance of probability and not beyond reasonable doubt. Once prosecution has been able to establish foundational facts based on preponderance of probability then by legal presumption under Section 29 of Act it could be said that prosecution…

    Pincites

    Para 63, 66, 123; Page 24, 28, 29, 52

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  2. High Court of Calcutta C.R.A. No. 458 of 2018 and IA No. CRAN 2 of 2020 [MANU/WB/0635/2021]

    Ranjit Rajbanshi v. The State of West Bengal and Ors.

    Ratio

    When the prosecution fails to establish a strong preponderance of probability sufficient to raise a presumption under Section 29 POCSO, the negative burden to prove their innocence will not shift to the accused if the defence effectively discredits the prosecution's case, the accused will be discharged of their onus under Section 29 POCSO.

    Pincites

    Para 43, 50, 52, 53; Page 5, 6, 7

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