Bombay High Court: Absence of Specific Medical Opinion Not Fatal in POCSO Cases

The Bombay High Court recently ruled that in POCSO cases, the absence of a definitive medical opinion or minor inconsistencies in a child’s testimony are not 'fatal' to the prosecution’s case if the core facts are proven.

The Court upheld a 10-year sentence, emphasizing that once the fundamental allegations are established by a credible survivor, the legal presumption of guilt under Section 29 of the POCSO Act, 2012, applies.

The judge noted that medical evidence showing physical irritation and witness corroboration were sufficient, even without a specific medical statement confirming assault, as the child’s consistent account holds significant evidentiary weight.

[Pradip Prakash Baikar v. The State of Maharashtra & Anr.]