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1–2 of 2 cases
  1. 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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  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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