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Presumption under POCSO High Court of Calcutta

  1. High Court of Calcutta C.R.A. No. 458 of 2018 and IA No. CRAN 2 of 2020

    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.