In a significant ruling dated 07 April 2026, the Supreme Court in

Debraj Dutta v. State of West Bengal & Anr.

clarified that the presumption under Section 29 of the POCSO Act is not automatic and cannot be used as the sole basis for conviction.

🔹 Brief Facts

1. Accused: Tuition teacher
2. Allegation: Sexual assault of a minor student (14 years)
3. Trial Court: Acquitted due to lack of evidence
4. High Court: Reversed acquittal and convicted
5. Supreme Court: Restored acquittal

🔹 Key Issue

👉 Can conviction be based only on presumption under Section 29 POCSO Act?

🔹 Supreme Court Findings

✅ Presumption Requires Foundational Facts

The Court held:

Presumption under Section 29 applies only after prosecution proves foundational facts

✔ Burden shifts to accused only after initial proof

❌ Prosecution Case Found Weak

The Court highlighted:

1. Delay in FIR without explanation
2. No medical examination of victim
3. Contradictions in witness statements
4. Presence of other persons at the scene

👉 These factors created reasonable doubt

⚖️ Credibility of Evidence Crucial

1. Victim testimony must be consistent and reliable
2. In this case, inconsistencies weakened prosecution

❌ High Court Error

1. Applied presumption without proof of basic facts
2. 👉 Supreme Court termed this legally incorrect

🔹 Final Decision

✔ Appeal Allowed

✔ High Court Judgment Set Aside

✔ Trial Court Acquittal Restored

🔹 Legal Principle

⚖️ “Presumption cannot replace proof.”

👉 Section 29 POCSO is conditional, not automatic

🔹 Significance

This judgment:

✔ Protects accused from wrongful conviction

✔ Reinforces proof beyond reasonable doubt

✔ Clarifies limits of reverse burden laws

🔹 Conclusion

The Supreme Court has reaffirmed that:

👉 Conviction must be based on solid evidence, not mere presumption.