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31–32 of 32 cases
  1. High Court of Kerala WA No. 1651 of 2020 [MANU/KE/3811/2021]

    Justin v. Union of India and Ors.

    Ratio

    Sections 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.

    Pincites

    Para 21-31, 35; Page 15-18

  2. Supreme Court of India Criminal Appeal No. 1410 of 2021 (AIR2022SC13)

    Attorney General of India and Ors. v. Satish and Ors.

    Ratio

    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.

    Pincites

    Para 36-37, 42; Page 15, 17