Norms of fair trial and presumptions under Section 94 of the JJ Act and Section 29 of POCSO Act & applicability of the said ... POCSO Act
IX
Bails under POCSO Act : Conclusions
a
Section 94 of JJ Act, 2015 & bails under the POCSO Act
b.
Sections 29
appellant, who had not
been able to rebut the presumption under Section 29 POCSO. The Trial
Court, accordingly, convicted him of the aforementioned offences ... appellant having failed to
discharge the burden placed upon him under Section 29 POCSO. The
High Court held the prosecution case established while observing
prove foundational facts in support of
its case, presumption under Section 29 of the POCSO Act could
not be raised against the appellant ... meaning of Section 2(d) of the POCSO Act,
is the submission. The submission that the
statutory presumption under Section 29 of the
POCSO
that since charges have already
been framed in the matter, section 29 of the POCSO Act will apply
with full vigour, whereby the court must ... presumption of innocence' vis-a-vis an
accused, section 29 of the POCSO Act reverses this position. Section
29 of the POCSO Act creates
against the accused in this case is under sections 3 / 4 of the POCSO . Section 29 & 30 of the
POCSO permits the Court ... POCSO.
Having held as above, certain broad principles, applicable in a proceeding under the POCSO,
for drawing presumption under Section 29 and 30 , have been
meaning of
Section 2(d) of the POCSO Act is the
submission. The submission that a
statutory presumption under Section 29 of
the POCSO ... been held as
under:
"29. Let us now address the
applicability of Section 29 of the POCSO Act
dealing with availability of presumption
case.
10. Learned Addl.P.P. also submitted that under Section 29 of the POCSO Act presumption
operated against the appellant and it was necessary ... meaning
of Section 2(d) of the POCSO Act, is the submission. The submission that the statutory
presumption under Section 29 of the POCSO
similar to the presumption as under Section 139 of NI Act. Section 29 of the
POCSO Act reads as under:
29. Presumption as to certain ... difference between the presumption provided under Section 139 of NI
Act and Section 29 of the POCSO Act. Under Section
scope of Section 29 , before I deal with the arguments on the
factual aspects of the case.
11. Section 29 of the POCSO Act reads ... Appeal No.419 of 2019 14
Section 33 of the POCSO Act, independent of the presumption
under Section 29 of the POCSO
been held as under:
"29. Let us now address the applicability of Section 29 of the
POCSO Act dealing with availability of presumption ... presumption under Section 29 of the said Act would not operate
against the accused. The statutory presumption under Section 29
of the POCSO Act must
