Doctor charged under POSCO for molesting 16 year girl what can be done

549 votes

The first step should be to file anticipatory/regular bail as the case may be. As for the chances of getting bail depends on the nature of allegations made in the fir.

Quashing (cancelling)of fir shall come at a later stage.

Advocate Mauleen Marfatia LawRato

572 votes

Sir

A offence can be registered against any person, upon a compliant being given the aggrieved person. So yes, a doctor can be booked under POCSO. Moreover Section 9(e) of the Act specifically provides for offences being registered against Doctor for committing Sexual Assault.

Regarding Bail there is nothing like minimum days required for Bail. Bail can be filed at any point of time, once arrested. But normally in cases like POCSO courts do not grant bail untill Charge is filed. However, this is always subjective and depends upon the facts and circumstances of each case. POCSO matters are being seriously taken by the Court.

As regards quashing of FIR, again this is subjective, depends upon the facts and circumstances of each case. Whether the facts as alleged in the FIR constitutes an offence under the Act or not is a question which will be considered by the Court while quashing the FIR. Also other surrounding circumstances will have to be seen. But to give you objective answer, then YES, powers vest with High Court to quash FIR under POCSO.

Feel free to ask should you have any questions.

Regards

Advocate Vivek Mapara LawRato

621 votes

FIR cannot be cancelled, and it is on court how much time it takes for bail. U can ask for the anticipatory bail .As it is upon the fir what he has written, u can contact near by lawyer and show him the copy of fir.

Advocate Jharna Jadwani LawRato