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High Court of Tripura at Agartala Crl. A (J) 34 of 2019

Lalmalsom Kaipeng v. The State of Tripura

The duty to rebut the presumption under Section 29 POCSO arising only after the prosecution has succeeded in establishing the foundational facts.The burden to rebut the presumption can be discharged by the accused through effective cross-examination, or by adducing defence evidence or by the accused himself tendering oral evidence. The presumption and the duty to…