Showing 1–2 of 2 cases

High Court of Madras High Court of Kerala

  1. High Court of Madras Crl. A. Nos. 130 of 2018, 190, 506 of 2019 and Crl. M. P. No. 3169 of 2018 in Crl. A. No. 130 of 2018

    Pastor Muniyandi @ Ramesh v. State

    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 Read case : Pastor Muniyandi @ Ramesh v. State

  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.