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Attorney General of India and Ors. v. Satish and Ors.
While sexual intent under S. 8 POCSO is a question of fact, the Court is entitled to raise the presumption under S. 30 POCSO with regard to the culpable state of mind of the accused when the court is satisfied with the existence of a fact beyond reasonable doubt.
Pincites Para 36-37, 42; Page 15, 17 Read case : Attorney General of India and Ors. v. Satish and Ors. -
Pappu v. State of Uttar Pradesh
Where foundational facts have been established, the presumption under section 29 POCSO becomes operational and the accused is bound to rebut the presumption.
Pincites Para 32; Page 39 & 40. Read case : Pappu v. State of Uttar Pradesh -
Ranjit Rajbanshi v. The State of West Bengal and Ors.
When the prosecution fails to establish a strong preponderance of probability sufficient to raise a presumption under Section 29 POCSO, the negative burden to prove their innocence will not shift to the accused if the defence effectively discredits the prosecution's case, the accused will be discharged of their onus under Section 29 POCSO.
Pincites Para 43, 50, 52, 53; Page 5, 6, 7 Read case : Ranjit Rajbanshi v. The State of West Bengal and Ors.
