Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
Section 29 of the POCSO Act, 2012 creates a presumption of culpable intent against the accused person. The provision cannot be read to mean that the accused shall be presumed to be guilty at the lodgement of the F.I.R. or criminal complaint till proven innocent at the trial. The presumption of innocencewhich is a fundamental tenet of criminal jurisprudence cannot be turned on its head by a faulty interpretation of the provision. The prosecution has to establish primary facts after attaining the required standards of evidence to trigger the presumption of culpable intent. {Para 67}
IX. b. Conclusions : Sections 29 and 30 of POCSO Act & bails under the POCSO Act:
94. The consideration of presumption of culpable intent under Sections 29 and 30 of the POCSO Act and as contemplated in Rajballav (supra) at the stage of bail shall be governed by the principles of evidential law as regard presumptions and the holdings in Tofan Singh (supra), Joy V.S. (supra), Navin Dhaniram Baraiye (supra), Dharmander Singh (supra) and Sahid Hossain Biswas (supra) and shall be made in the following manner:
1. Presumption of culpable intent under Section 29 of the POCSO Act, 2012 will be attracted only in the manner and stage discussed earlier in the judgement.
2. Presumption of culpable intent of the accused under Sections 29 of the POCSO Act, 2012 shall not apply at the stage of pretrial bails.
ALLAHABAD HIGH COURT
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55026 of 2021
Monish Vs State Of U.P. And 3 Other
Citation No. - 2023:AHC:32270
Author: Hon'ble Ajay Bhanot,J.
Dated: 09.02.2023.
