the Court while applying this rule has to maintain the balance. Particularly in the sexual offences cases with the minor, the Court has to consider about the tempering with the prosecution witnesses. The court has also considered and taking into account the facts and circumstances in which the alleged offence has taken place. Here is a case where allegations are that the victim after the death of her father, went to the family of the accused. The victim used to call Shri Premodya Khakha, the husband of the accused as her Mama. The allegations are that while she was with the family to recover from the loss of her father, the alleged offence had taken place. The facts are very serious in nature. It strikes on the root of trust and faith in the society. The accused and her husband allegedly betrayed the trust reposed in them by the minor victim and her mother and succeeded in executing their illegal and immoral acts, which definitely constitutes an offence not only under the POCSO Act but also under the provisions of the IPC.
