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1–3 of 3 cases
  1. High Court of Manipur Crl. Petn. No. 7 of 2019 [2019 SCC OnLine Mani 164]

    Lalsuonglien and Ors. v. State of Manipur

    Ratio

    Provisions of the POCSO reiterated by the court: The child may have a parent or other trusted person present at the time of testifying and can call for assistance from an interpreter, special educator, or other professional while giving evidence; further, the child is not to be called repeatedly to testify in Court and may…

    Pincites

    Para 2, 15, 17, 19, 22; Page 1, 3, 4

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  2. 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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  3. High Court of Kerala WA No. 1651 of 2020 [MANU/KE/3811/2021]

    Justin v. Union of India and Ors.

    Ratio

    Sections 29 and 30 of the POCSO Act are held to be Constitutional and they do not violate the Fundamental Rights, nor are they contrary to the basic criminal Principles. Presumption under Sections 29 and 30 POCSO would become operational only after the prosecution has established the foundational facts beyond reasonable doubt.

    Pincites

    Para 21-31, 35; Page 15-18

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