POCSO Presumption of Guilt Not Automatic Supreme Court Clarifies

The Supreme Court held that the presumption of guilt under Section 29 of the POCSO Act does not arise solely based on the testimony of a child victim if such testimony is not reliable or credible.

The Court clarified that the prosecution must first establish foundational facts of the alleged offence before the burden shifts to the accused. It found inconsistencies and gaps in the victim’s testimony, along with lack of supporting evidence, and held that reliance on such testimony alone is insufficient to invoke the statutory presumption.

Accordingly, the Court set aside the High Court’s conviction and restored the trial court’s acquittal.

[Debraj Dutta v. State of West Bengal & Anr.]