State of Rajasthan v. Ramesh Kumar

Supreme Court of India2026 SCC OnLine SC 142

Bench: J. B.R. Gavai, J. Prashant Kumar Mishra

The Supreme Court held that the High Court fundamentally misread Section 29 of the POCSO Act. Section 29 creates a rebuttable presumption that once the prosecution establishes that the accused committed the offence, the Court shall presume guilt — the burden shifts to the accused to rebut the presumption. A bare denial, without leading any evidence of alibi, consent (inapplicable for minors), or casting doubt on the prosecution's foundational facts, does not constitute rebuttal of a statutory presumption. The Court also reiterated that in POCSO matters, the testimony of a child victim — if found credible by the trial court — does not require corroboration as a rule of law. The acquittal was set aside and conviction restored. Sentence of 20 years' rigorous imprisonment under Section 6 was upheld.