Supreme Court acquits man under POCSO Act, finds presumption of guilt not absolute

The case involves an appeal by Deepak In JC against the conviction under Sections 363 IPC and Section 6 of the POCSO Act, challenging the High Court's dismissal of his appeals and confirmation of the trial court's judgment.

Appellant: Deepak In JC; Respondent: State Govt. of NCT Delhi; Bench: N.V. Anjaria, J.

• The Supreme Court acquitted the appellant of the offences under Section 363 IPC and Section 6 of the POCSO Act.
• The Court held that the presumption of guilt under Section 29 of the POCSO Act is not absolute.
• The Court found contradictions in the prosecution evidence, particularly between PW-5 and PW-1 regarding the timing of the incident and medical examination.
• The Court noted that the evidence of the mother (PW-5) was embellished with material improvements over her prior account.
• The Court observed that the discrepancies in the evidence were not minor and discredited the prosecution case.

Written from the document by AI, and checked against it. The original below is authoritative.

The original document