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Justin v. Union of India and Ors.
RatioSections 29 and 30 of the POCSO Act are held to be Constitutional and they do not violate the Fundamental Rights, nor are they contrary to the basic criminal Principles. Presumption under Sections 29 and 30 POCSO would become operational only after the prosecution has established the foundational facts beyond reasonable doubt.
PincitesPara 21-31, 35; Page 15-18
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Attorney General of India and Ors. v. Satish and Ors.
RatioWhile 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.
PincitesPara 36-37, 42; Page 15, 17