Case Name : Attorney General of India & Anr vs Satish & Anr Case Reference: (2021) 10 SCR 955 Case Number: Crl A 1410/2021 Court: Supreme Court Bench: 03 Coram: Uday Umesh Lalit, S Ravindra Bhat (Concurring), Bela M Trivedi (Author) Date: 18.11.2021
When a person is prosecuted for committing or abetting or attempting to commit any offence under sections 3, 5, 7 and 9 of POCSO, the Special Court can presume that such person has committed or abetted or attempted to commit the offence unless proved otherwise. Section 30 permits the court to presume for any offence of POCSO which requires mens rea or which requires culpable mental state on the part of the accused, that such mens rea or culpable mental state existed. However, a fact is proved only when the special court believes it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability. Sexual Intent is a question of fact
Refer also:
Judgment name
See also: POCSO - Section 3 POCSO - Section 5 POCSO - Section 7 POCSO - Section 11 POCSO - Section 30
PDF: Attorney General of India vs Satish, (2021) 10 SCR 955.pdf