Presumption under Section 29 – Not Absolute
The presumption under Section 29 is not automatic or absolute.
It comes into operation only after the prosecution successfully establishes the foundational facts necessary to invoke such presumption.
Unless these basic and fundamental facts are proved beyond reasonable doubt, the statutory presumption does not get activated.
Any interpretation suggesting that the presumption under Section 29 can be invoked without first proving the foundational facts would render the provision constitutionally vulnerable, as it would offend the principles of fair trial and presumption of innocence.
Therefore, the statutory presumption under Section 29 stands activated only upon due proof of foundational facts by the prosecution, and not otherwise.
Authority:
Anmol Dudhram Barsagade vs. State of Maharashtra
(Criminal Appeal No. 600 of 2017, decided on 23.04.2018)
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