S. Suresh v. State of Tamil Nadu
Madras High CourtMANU/TN/1940/2017Bench: J. S. Nagamuthu, J. N. Authinathan
The Madras High Court held that Section 29 POCSO creates a rebuttable presumption that an accused is guilty of the offence once the prosecution establishes the foundational facts. A bare denial in a Section 313 CrPC statement, without leading any evidence — such as alibi witnesses, documentary contradictions, or any affirmative defence — does not constitute a rebuttal of the presumption. The accused failed to rebut the presumption and was accordingly convicted.