CULPRITS ESCAPE FOR TECHNICAL REASONS: COURT ON HOW INVESTIGATORS AND COURTS FAIL IN THEIR ROLE While setting aside the acquittal of a man charged with the aggravated sexual assault of a child aged two years and nine months, the Madras High Court recently emphasized that in such cases, the onus to rebut a presumption of guilt is on the accused, as under Section 29 of the Protection of Children from Sexual Offences Act (POCSO Act), 2012 (Prema v. State). The case prompted the Court to lament about how investigation agencies and trial courts sometimes fail in their role and thereby allow the accused to take advantage of technical defects. Among the more alarming defects noticed in this case arose out of an error made by a typist during the trial, when the word "semen" was written as "semman", which is a Tamil word that means red soil colour. Prosecution has proved the case beyond doubt, accused has failed to rebut: Court observed. Reddy & Reddy Law Firm is renowned law firm in Pune, our litigation team is handling varied matters related to Civil, Criminal and Commercial laws.