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1–3 of 3 cases
  1. High Court of Madras Crl. O.P. No. 12148 of 2017 [2017 Cri LJ 5011]

    Murugasamy Vs. The State and Ors.

    Ratio

    The court, in this case, analysed the procedure to record 164 statements of the victim/witness i.e- once the magistrate records a 164 statement, a record of the statement should be sent to the investigating officer and the jurisdictional court. The statement should not be made public. The court also observed that the term “Magistrate” under…

    Pincites

    Para 17, 21, 24, 28, 44, 48, 50, 51; Page 8-10, 14-17

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  2. High Court of Madras Crl. A. Nos. 130 of 2018 (2022-1-LW(Crl)584)

    Pastor Muniyandi @ Ramesh v. State

    Ratio

    The presumption clause of Section 29 POCSO is applicable to both the offender and the abettor of the offence. When foundational facts have been established, the accused must discharge the reverse burden cast by Sections 29 and 30 POCSO.

    Pincites

    Para 16-17; Page 8

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  3. 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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