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Evidences required for false allegations under POSCO act
06-Apr-2023 (In Criminal Law)
If the person (34 years age) is innocent , working in administration dept in a school, but the mother of a girl child accused him of child molestation and charged him with 376 D IPC & 3/4 POSCO act, what can be done to proof that person is innocent? There is no evidence against that person. No camera footage like this, Medical reports are clear. But the mother of the child is saying that some oral misbehavior has been done. The application of bail in High court is in pending status and the person is in jail from past 10 months. He is the only earning member of house and lives with his mother only. Please provide solutions...and why evidences can be found in his favour?
Though charges under POCSO act are non bailable . So bail is not the right of the accused in this situation,but if he can produce documents for the false charges in front of the court then the court can grant him bail. If the matter is already there for bail in HC, its 10 months which is long period for filling charge sheet so there is good chance for u to get bail now. Rest all depends on case and its circumstances at present.
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373+
373+
Adv. Veer P. Singh
Delhi | 25+ Answers
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What is the burden of proof in Pocso case?
Section 101 of Act places the burden of proof on those who assert or claim any facts. It means that anyone who wants a court decision to be in their favor must prove the existence of the facts. 03-Jun-2023
How do you defend yourself against false accusations?
Be aware of the severity of the allegations. ...
Understanding the cost of defense is important. ...
Intervene before charges. ...
Take no action. ...
Collect any documents and physical evidence. ...
Get the contact information of witnesses. ...
Investigation. ...
Plea bargain
What is misuse of Pocso false allegations?
Misuse of POCSO, 2012
A girl under the age of eighteen years old may be influenced to make a false complaint in relation to a personal dispute by her family. 14-Jul-2023
How do you prove innocence when falsely accused?
It's crucial to collect evidence when dealing with false allegations. Included in this are physical evidence, such as clothing or photographs; witness statements or accounts of the incident, and any contradictions or inconsistencies in the accuser’s story. 18-Apr-2023
Hello,
what ground the bail rejected in lower court. And what is the statement of victim under 164 cr. p. c. If the person which your are talking about is innocent then you may get bail soon. But without watching documents I can't say much.
what ground the bail rejected in lower court. And what is the statement of victim under 164 cr. p. c. If the person which your are talking about is innocent then you may get bail soon. But without watching documents I can't say much.
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Adv. Sanju Lata
Allahabad | 100+ Answers
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Can you show me the copy of FIR and tell me the file no in high Court...
Ask for the certified copy of statement of that girl which has given under CrPC sec 164. Find the contradiction. This should help you out for prepration of bail. And show me medical and other reports too...
Good luck
Ask for the certified copy of statement of that girl which has given under CrPC sec 164. Find the contradiction. This should help you out for prepration of bail. And show me medical and other reports too...
Good luck
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Adv. Akash Tiwari
Kanpur | 25+ Answers
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Text messages, recorded conversations or eyewitness testimony can all be used as evidence. The natural guardian can be held responsible for any conduct that shows a negative intent to file a false accusation against the accused.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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