Case Repository

The high court issued interim directions to all the police stations for the recording of 164 statement: The investigating officer should preferably be female. The IO shall take immediate steps to take the prosecutrix to a female MM magistrate for the recording of the 164 statement, within 24 hours. In case the time period is…

Para 1, 2, 9; Page 1, 3

While sexual intent under S. 8 POCSO is a question of fact, the Court is entitled to raise the presumption under S. 30 POCSO with regard to the culpable state of mind of the accused when the court is satisfied with the existence of a fact beyond reasonable doubt.

Para 36-37, 42; Page 15, 17

Where foundational facts have been established, the presumption under section 29 POCSO becomes operational and the accused is bound to rebut the presumption.

Para 32; Page 39 & 40.