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Supreme Court: POCSO's presumption of guilt can't replace careful weighing of evidence

Supreme Court of India1 min read

The Supreme Court acquitted a man whom a Delhi trial court had convicted under Section 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 363 IPC, a conviction the Delhi High Court had confirmed. The prosecution alleged that in December 2015 he took a neighbour's two-and-a-half-year-old daughter to a park and sexually assaulted her. The child could not give a statement because of her age, and the case rested mainly on the mother's testimony. The Court found material contradictions between the mother's account and other witnesses, and held that the forensic report and the doctors' evidence did not support the prosecution and pointed away from the offence.

Applying Rai Sandeep v. State, it held that the mother was not a 'sterling witness' whose uncorroborated word could found a conviction. With the prosecution case weakened, the defence version of prior enmity over a water dispute became believable. Most significantly, the Court held that the presumptions in Sections 29 and 30 of the POCSO Act shift the initial burden to the accused, but do not permit a court to lean towards the prosecution. Once the prosecution evidence is found to be inconsistent or lacking credibility, the presumption ceases to operate, and the evidence must be weighed by the usual standards, since personal liberty is at stake.

Quick check
According to the Supreme Court in this case, what is the effect of the presumptions under Sections 29 and 30 of the POCSO Act?
  1. They make the prosecution's evidence conclusive and unrebuttable
  2. They shift the initial burden to the accused, but cease to operate once the prosecution evidence is found to lack credibility
  3. They apply only when the victim is above sixteen years of age
  4. They allow conviction without any evidence from the prosecution
Show the answer ↓

Answer: B. The Court held that the presumptions shift the onus at the primary stage, but courts must still weigh evidence by normal standards, and the presumption no longer holds once the prosecution case is shown to be unreliable.

Source document

Issued by Supreme Court of India. If this summary and the source differ, the source is right — tell us and we will correct it.