Presumption under Section 29 POCSO Act does not discharge prosecution of duty to prove case: Bombay High Court

Noting that the allegations were not proved beyond reasonable doubt, the High Court set aside the conviction of two brothers who allegedly sexually assaulted a minor.
 Aurangabad Bench with POCSO Act
Aurangabad Bench with POCSO Act

Holding that the presumption under Section 29 of the Protection of Children against Sexual Offences (POCSO) Act does not discharge the prosecution from proving a case beyond reasonable doubt, the Aurangabad Bench of the Bombay High Court recently set aside orders convicting two brothers of sexual assault and harassment of a minor [Gautam Chandrakant Khairnar v. State of Maharashtra].

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