Must an accused rebut a presumption of guilt under the POCSO Act beyond reasonable doubt?
Coram: Justice Prashant Kumar Mishra · Justice N.V. Anjaria
An accused need not rebut a presumption of guilt beyond reasonable doubt, only on a preponderance of probability.
No. Even where a presumptive provision with reverse burden of proof exists, the prosecution must prove the guilt of the accused beyond reasonable doubt, while the accused may rebut on a preponderance of probability, by discrediting the prosecution witnesses, pointing out gaps and absurdities, a mismatch of ocular and medical evidence, or an explanation which might reasonably be true.
Protection of Children from Sexual Offences Act, 2012 — ss.29, 30 — Statutory Presumption — Reverse Burden — Preponderance Of Probability — Sterling Witness — Acquittal — Protection of Children from Sexual Offences Act, 2012 — ss.29, 30 — Presumption Rebuttable, Not Absolute — Held: The presumptions in Sections 29 and 30 of the POCSO Act are not absolute and operate only once the prosecution establishes the foundational facts. Courts must still weigh the evidence with the usual principles. (¶7) Protection of Children from Sexual Offences Act, 2012 — s.29 — Standard Of Proof — Beyond Reasonable Doubt — Held further: Even with a reverse burden, the prosecution must prove guilt beyond reasonable doubt, while the accused rebuts on a preponderance of probability, including by showing gaps and mismatch of ocular and medical evidence. (¶7) Evidence — Sole Testimony Of Prosecutrix — Sterling Witness — Consistency From Initial Statement — Held further: Sole evidence can prove the offence only if the witness is sterling, consistent from the initial statement to the court and matching the scientific evidence. Appeals allowed; appellant acquitted. (¶5, 10)
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