POCSO -- Medical Examination -- Parental Refusal of Internal Medical Examination of Child Victim No Ground for Adverse Inference Where Testimony Is Consistent
Under the POCSO Act, 2012, refusal of a parent to consent to internal medical examination of a child victim cannot by itself justify an adverse inference against the prosecution, particularly where the refusal is explained by the need to prevent further trauma. Once the testimony of a child victim is found truthful and consistent, absence of internal medical examination is not fatal to the prosecution's case. Under Sections 29 and 30 of the POCSO Act, statutory presumption operates upon establishment of foundational facts, shifting the burden onto the accused. Where evidence establishes contact but leaves penetration in doubt, conviction under Section 18 for attempt is appropriate in place of Section 6.
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