Child Victim's Consistent Testimony Following Statutory Presumptions Sufficient to Sustain Conviction for Sexual Assault

On January 15, 2017, the victim, a 12-year-old girl, was returning home from a local Madrassa on a bicycle with her younger sister.

The accused allegedly intercepted them near a village pond, restrained the victim, and pulled her toward a tree where he committed acts of sexual assault, including kissing her and touching her inappropriately.

Whether the evidence provided by the child victim is reliable and consistent enough to sustain a conviction under the POCSO Act.

Whether the statutory presumptions under the POCSO Act apply to the conduct of the accused.

Section 7 and Section 8 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 regarding sexual assault.

Section 29 and Section 30 of the POCSO Act, 2012, which provide for the presumption of certain offences and the presumption of culpable mental state.

The court examined the testimony of the victim and found it to be consistent with the initial First Information Report and subsequent statements made during the trial.

The court noted that in cases involving sexual offences against children, the law mandates a presumption of guilt once the foundational facts of the act are established by the prosecution.

The conviction of the accused was sustained, and the appeal was dismissed.