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Safeguards of Child Testimony Presumption under POCSO High Court of Gauhati

  1. High Court of Gauhati Crl. Appeal (J) 87/2017

    Bhupen Kalita v. State of Assam

    For the applicability of Section 29, the prosecution is required to establish foundational facts on the standard of preponderance of probability and not beyond reasonable doubt. Once prosecution has been able to establish foundational facts based on preponderance of probability then by legal presumption under Section 29 of Act it could be said that prosecution…

    Pincites  Para 63, 66, 123; Page 24, 28, 29, 52 Read case : Bhupen Kalita v. State of Assam