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Ranjit Rajbanshi v. The State of West Bengal and Ors.
RatioWhen 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.
PincitesPara 43, 50, 52, 53; Page 5, 6, 7
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Justin v. Union of India and Ors.
RatioSections 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.
PincitesPara 21-31, 35; Page 15-18