Presumption

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.

Para 16-17; Page 8

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.

Para 43, 50, 52, 53; Page 5, 6, 7