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  1. 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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