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Madras High Court· 11 September 2026

Does the statutory presumption under s.29 of the Protection of Children from Sexual Offences Act, 2012 operate once the foundational facts are established?

KURALARASAN v. STATE REP BY
CRL A.473/2022 · 2026:MHC:3758 · CRL A No. 473 of 2022
Coram: Justice G.Arul Murugan
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Answer

The statutory presumption under s.29 of the Protection of Children from Sexual Offences Act, 2012 operates once the foundational facts are established.

Yes. The statutory presumption under s.29 of the Protection of Children from Sexual Offences Act, 2012 operates once the foundational facts are established. Once the prosecution has established the foundational facts in respect of the charges, the presumption applies and it is for the accused to adduce evidence to rebut it.

Headnote

Protection of Children from Sexual Offences Act, 2012 — ss.5(l), 6, 29 — Indian Penal Code, 1860 — s.366 — Age of the victim — Consent immaterial — Sole testimony of the victim — Delay in lodging the complaint — Statutory presumption — Protection of Children from Sexual Offences Act, 2012 — Minor victim — Consent — Held: Once it is established that the victim was a minor, the question of consent becomes insignificant. (¶32) Evidence — Sole testimony of the victim — Held further: The sole testimony of the victim is sufficient to convict an accused where that testimony is of sterling quality and inspires the confidence of the Court. (¶27, 28) Criminal law — Sexual offences — Delay in lodging the complaint — Held further: Mere delay in lodging the complaint in a sexual offence case is not by itself fatal to the prosecution where the delay is properly explained. (¶30) Protection of Children from Sexual Offences Act, 2012 — s.29 — Statutory presumption — Held further: The statutory presumption under s.29 of the Protection of Children from Sexual Offences Act, 2012 operates once the prosecution establishes the foundational facts. (¶33) Conviction and sentence confirmed; appeal dismissed. (¶34, 35)

Headnote

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In the Court's own words
Paragraph 33Once the prosecution has established the foundational facts in respect of the charges against the accused, the statutory presumption under Section 29 of the POCSO Act operates. The accused has failed to adduce any evidence to rebut the said presumption.
Acts & Sections
s.5(l) Protection of Children from Sexual Offences Act, 2012s.6 Protection of Children from Sexual Offences Act, 2012s.29 Protection of Children from Sexual Offences Act, 2012s.366 Indian Penal Code, 1860s.164 Code of Criminal Procedure, 1973

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Also decided in this judgment
Is the question of consent insignificant once it is established that the victim was a minor?Is the sole testimony of the victim sufficient to convict an accused where that testimony is of sterling quality?Is mere delay in lodging the complaint in a sexual offence case fatal to the prosecution where the delay is properly explained?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Madras High Court. Corrections