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1–2 of 2 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 Tripura at Agartala Crl. A (J) 34 of 2019 [MANU/TR/0211/2021]

    Lalmalsom Kaipeng v. The State of Tripura

    Ratio

    The duty to rebut the presumption under Section 29 POCSO arising only after the prosecution has succeeded in establishing the foundational facts.The burden to rebut the presumption can be discharged by the accused through effective cross-examination, or by adducing defence evidence or by the accused himself tendering oral evidence. The presumption and the duty to…

    Pincites

    Para 27-33; Page 5, 6 & 7

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