About Pocso Act Of My Known Person

956 votes

In a POCSO case under sections 5 and 6 of the POCSO Act, which pertain to aggravated penetrative sexual assault, the chances of getting bail are generally low, especially if the investigation is ongoing and there is no evidence in favour of the accused.

Advocate Ankur Thakran LawRato

794 votes

depends on 164 statement of girl, age of girl and boy at present, normally dna profile, boy medical if not present okay... girl medical is there. yes it is very much possible samples of girl only taken. bail chances depends on these factors, probability....

Advocate Neha Gupta LawRato

527 votes

Yes there is a chance of bail I can help you out there is a possibility that the boy will get the bail you have to show me the papers first than I can tell you about it please let me know when you decide Adv Abhishek Jain

Advocate Abhishek Jain LawRato

574 votes

In response to your query regarding the case under the Protection of Children from Sexual Offences (POCSO) Act, I would like to advise you as follows: 1. Bail under POCSO: Bail under the POCSO Act is generally difficult due to the stringent provisions of the Act, especially in cases involving minors. However, if there are inconsistencies in the statements made by the victim, such as changes in the affidavits or contradictions in the evidence, these can be used by the defense to argue for bail. It will depend on the specific facts of the case, including the age of the victim, the nature of the allegations, and whether consent was involved, though consent is immaterial under POCSO if the victim is a minor. 2. Medical Report: The medical examination in cases of sexual offenses is typically conducted on the victim (the girl) to establish whether any physical evidence supports the allegations, such as signs of sexual intercourse, pregnancy, or injuries. The medical report may not necessarily be negative just because they hadn't met for a few days, but it can provide crucial evidence or lack thereof for the case. The report will be a significant piece of evidence, but other factors such as the victim's age and her statements will also play a role. 3. Samples and Medical Examination of the Accused: It is possible that only the girl's samples were taken initially for her medical examination. However, in cases involving allegations of rape or sexual assault under POCSO, the boy (accused) might also be subject to medical examination and DNA sampling to establish whether there is any forensic evidence connecting him to the crime, such as traces of his DNA on the victim. 4. Change in Affidavit: A change in the affidavit from the victim, especially if it involves a retraction or new allegations, can complicate the defense. The earlier affidavit, along with the new one, will need to be carefully examined by the court. The defense can challenge the reliability of the new affidavit if there are contradictions or reasons to believe the change was influenced by external factors. It is essential to seek detailed legal advice based on the specific circumstances of the case. Adv. Mahinder Singh Mavi

Advocate Mahinder Singh LawRato