Now Reading: Delhi High Court Acquits Man, Says POCSO Presumption Is Not Automatic
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Delhi High Court Acquits Man, Says POCSO Presumption Is Not Automatic
The Delhi High Court has acquitted a man convicted under the POCSO Act and IPC, ruling that Section 29’s presumption of guilt does not arise merely because an accused faces trial under…
The Story in Brief
The Delhi High Court has acquitted a man convicted under the POCSO Act and IPC, ruling that Section 29’s presumption of guilt does not arise merely because an accused faces trial under the law. LiveLaw reports that Justice Madhu Jain said the prosecution must first prove the alleged offence through reliable and cogent evidence before the burden shifts to the accused.
The case involved a 17-year-old who went missing in August 2023 and was later found with the appellant in Ambala. Her police statement said she had gone voluntarily, but later statements alleged threats and sexual assault. The court found material inconsistencies and unexplained investigative lapses, including the failure to identify the alleged crime scene. It ordered his release unless wanted in another case.
The Indian Opinion
Claims that the ruling weakens child protection laws miss the court’s distinction between consent and proof. A minor’s consent remains legally irrelevant, but that does not remove the prosecution’s duty to establish the alleged offence. Equally, treating every contradiction as proof of a false case would be careless. The sound test is whether courts apply Section 29 after reliable foundational evidence is established, not simply after charges are framed.
Source: livelaw.in
This story was synthesised by AI from the source linked above.
