Child sexual abuse case age 5 years and secti added by police 377, 506

Question

Child sexual abuse case age 5 years and secti added by police 377, 506

18-Aug-2023 (In Criminal Law)

POCSO Case - Police put FR in FIR and then we asked to SP to reinvestigate. She opened the case but after almost 5 months done, police is not sending chargesheet to the court and saving accused.. Wrong sections they added How can I get help from the court.

Answers (4)

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Adv. Ranjeet Sonker Adv. Ranjeet Sonker

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Advocate Rishabh Kumar LawRato · Accepted Answer · 2023-08-18T21:41:19+05:30

Answer #2

It is the duty of the police & moral obligation too , to send the charge sheet to the court as early as possible. The protraction on the police's & of the scale might even be treated as negation of law & dereliction of duty, of which repercussions the police might have to face if they prolong in sending the chargsheet to the court. Through an application via your advocate u can file an expeditious application to the court, where your matter will be listed on an early date ,& appending 1 more judicial panacea to it, your advocate can also write a notice to the police officer on such an negligent and labyrinthine behaviour or comport on their end

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Advocate Arun Krishna Shukla LawRato · Accepted Answer · 2023-08-20T12:58:19+05:30

Answer #3

police had investigated the case under pocso act and after completion of the investigation of the crime final report submitted. you had asked the superintendent of police to the re,-investigate the matter. the re investigation had continued about 5 months. in spite of reinvestigation which taken another 5 months more, you can file an application before the judicial judicial magistrate regarding non submission of charge sheet before the court even leps so and so years of which definitely more than the period prescribe for investigation in the pocso act. you can go to the local court as well as to go to High court for filing of the writ petition.

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Advocate Mamta Devi LawRato · Accepted Answer · 2023-09-15T20:40:56+05:30

Answer #4

POCSO cases deals with extremely serious offences against minor children and there is no compromise unless the matter relates to minor incidences in family that lead to complaining about it to police authorities. The complainant agrees to speak the truth has to be seen with context of the chargesheet filled in the case, if the court find that no serious offence committed against the minor child and the complaint was not based on sufficient irrefutable evidence the complaint will be dismissed.

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Adv. Mamta Devi Adv. Mamta Devi

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