Supreme Court says Pocso presumption of guilt cannot be taken as absolute proof
A two-judge bench of the Supreme Court ruled that the presumption of guilt under the Pocso Act must not compel trial courts to accept the prosecution’s case as unquestionable.
Justices Prashant Kumar Mishra and NV Anjaria delivered a judgment that will affect up to nine criminal statutes. The court held that the Pocso Act’s strict presumption of guilt does not override evidence that may favor the accused. It warned lower courts against overlooking inconsistencies in a mother’s testimony, even when highlighted during cross-examination. The decision emphasizes that the presumption does not eliminate the need to assess all evidence on its merits.
Why it matters
The ruling curtails automatic bias against accused under a key child-protection law, affecting future criminal trials.
In this story
