POCSO--No Adverse Inference Lies Against Prosecution Merely For Refusal Of Internal Medical Examination Of Child Victim If Her Testimony Is Reliable
Under the Protection of Children from Sexual Offences Act, 2012, a parent's refusal to consent to internal medical examination of a child victim, to prevent further trauma, does not warrant an adverse inference against the prosecution. Under Sections 29 and 30 of the POCSO Act, once foundational facts are established, the statutory presumption shifts the burden to the accused. Where testimony of a victim is truthful and consistent, absence of medical examination is not fatal to the prosecution's case.
