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Rakesh @ Diwan v. State

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Protection of Children from Sexual Offences Act, 2012 – Section 29 – Statutory presumption under – Award of compensation to the child victim – As per Section 29 of the POCSO Act, there is a presumption regarding guilt of the accused. The burden of proof on the prosecution is not of beyond reasonable doubt. The prosecution has to lay down and prove the fundamental facts regarding the guilt of the accused. Once such facts are proved, the onus is upon the accused to lead evidence to rebut the presumption. The appellant has failed to dislodge the statutory presumption under Section 29 of the POCSO Act.Read More »Rakesh @ Diwan v. State

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