Supreme Court acquits man in POCSO case, rules presumptions under Sections 29 and 30 are rebuttable
The Supreme Court has acquitted a man convicted under the Protection of Children from Sexual Offences (POCSO) Act, holding that statutory presumptions under Sections 29 and 30 of the Act are rebuttable and do not relieve the prosecution of its obligation to prove guilt beyond reasonable doubt.
A Division Bench comprising Justices Prashant Kumar Mishra and N.V. Anjaria examined two appeals challenging a Delhi High Court judgment from July 3, 2025, that had upheld the conviction. The Court found material contradictions in prosecution witness testimony and noted that medical and forensic evidence did not support the allegation of penetrative sexual assault. The appellant successfully rebutted the statutory presumption, leading to his acquittal under Section 363 of the IPC and Section 6 of the POCSO Act.
The case originated from an incident on December 9, 2015, involving a child aged approximately 2.5 years. The prosecution had examined 13 witnesses, including the victim's mother and medical and forensic experts.
