Showing 1–2 of 2 cases

High Court of Kerala High Court of Tripura at Agartala

  1. High Court of Tripura at Agartala Crl. A (J) 34 of 2019

    Lalmalsom Kaipeng v. The State of Tripura

    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 Read case : Lalmalsom Kaipeng v. The State of Tripura

  2. High Court of Kerala WA No. 1651 of 2020

    Justin v. Union of India and Ors.

    Sections 29 and 30 of the POCSO Act are held to be Constitutional and they do not violate the Fundamental Rights, nor are they contrary to the basic criminal Principles. Presumption under Sections 29 and 30 POCSO would become operational only after the prosecution has established the foundational facts beyond reasonable doubt.

    Pincites  Para 21-31, 35; Page 15-18 Read case : Justin v. Union of India and Ors.