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Showing posts with label S 29 of Pocso Act. Show all posts
Showing posts with label S 29 of Pocso Act. Show all posts
Monday, 26 August 2024

Under which circumstances the court can not convict accused based on presumption under Section 29 of POCSO Act?

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 Similar question was posed before Learned Single Judge of this Court in case of Ramprasad v/s State of Maharashtra MANU/MH/1943/2018. Learn...
Wednesday, 1 May 2024

Whether it is mandatory to determine age of victim in the Pocso Act at the stage of hearing on bail application?

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  93. In wake of the preceding narrative, the manner of consideration of age of a victim in a bail application under the POCSO Act shall be ...

Whether the presumption of culpable intent U/S 29 of the POCSO Act, 2012 is attracted against the accused at the stage of bail?

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 Section 29 of the POCSO Act, 2012 creates a presumption of culpable intent against the accused person. The provision cannot be read to mean...
Tuesday, 14 March 2023

Whether presumption under S 29 of the Pocso Act is applicable if prosecution has failed to prove foundational facts?

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  The learned Additional Public Prosecutor Shri S.S. Doifode would strenuously contend that the statutory presumption under Section 29 of th...
Sunday, 3 May 2020

How to appreciate evidence in case under POCSO Act?

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A delicate balance is required to be maintained between the judicial perception of the anguish of the victim and the presumption of inno...
Monday, 16 February 2015

When court should not draw presumption under S29 of Protection of Children from Sexual Offences Act?

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S.29 of  The Protection of Children from Sexual Offences Act Where a person is prosecuted for violating any of the provisions under sec...