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Citations from SC and Allahabad HC on false POCSO cases
06-Feb-2026 (In Criminal Law)
I am seeking judicial citations from the SC and Allahabad HC in relation to POCSO cases covering the following issues:
1. Cases where the police conducted a deliberately false, biased, or perfunctory investigation, or failed to investigate material facts, resulting in undue support to the complainant.
2. Cases where a POCSO complaint was found to be false or motivated, particularly where the complainant acted under the influence or instigation of third parties (such as teachers, relatives)
it's not getting typed here it's saying u r sharing phone numbers your other detail where is I am just trying to quote the citationeek caase Ghaziabad ka hai where it's said consensual relationship ko pocso ka rang police de deti Hai vah Na Diya jaaye another case wrongful
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Adv. Uzma Afsar
Lucknow | 50+ Answers
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In POCSO matters, courts have consistently held that fair and impartial investigation is crucial, and any deliberate lapses or biased investigation can weaken the prosecution case.
The Supreme Court in Babubhai v. State of Gujarat held that a tainted or unfair investigation can seriously prejudice the trial. Similarly, in Tomaso Bruno v. State of U.P., the Court observed that failure to collect or produce crucial evidence creates doubt in the prosecution story, entitling the accused to benefit of doubt.
Regarding false or motivated POCSO complaints, courts have clarified that while child protection laws are stringent, allegations must still be proved beyond reasonable doubt. In Alamelu v. State, the Supreme Court held that conviction cannot be based on unreliable or tutored testimony. Courts have also recognized that, in some cases, complaints may be influenced by third parties due to personal or family disputes, and such situations require careful judicial scrutiny.
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Adv. Aishwarya Panday
Lucknow | 100+ Answers
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posco act is for children protection from sexual abuse a posco complaint will be initiated to the police then the investigation will start in case police has to be fair investigation in the case otherwise will stand in a court of law
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Adv. Spiti Sarkar
Greater Noida | 700+ Answers
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In POCSO matters, courts have repeatedly emphasised the duty of fair, impartial and truthful investigation, and have not hesitated to interfere where investigations were biased or complaints motivated Regarding false or motivated POCSO complaints, the Supreme Court in Mahadeo v. State of Maharashtra, (2013) 14 SCC 637 and X (Minor) v. State of Jharkhand, (2022) 9 SCC 653 recognised that the presumption under POCSO is rebuttable and courts must examine surrounding circumstances, conduct of parties, and possibility of tutoring or external influence.
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Adv. Ajay Shukla
Lucknow | 50+ Answers
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Hi there, there are several judgments of apex courts where POCSO cases have been quashed. The one gem is Bhajan Lal Sharma vs State of Haryana, and there are others as well. To accommodate you better i would need the FIR and other corroborative material collected during the investigation as to see if a prima facie case is made out or not and then I could be in a better place to tell you which judgment squarely covers your case.
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Adv. Sumit Mishra
Allahabad | 5+ Answers
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