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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?
Answers (4)

Answer #1
669 votes
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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Answer #2
615 votes
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.

Answer #3
919 votes
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
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Answer #4
214 votes
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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Comments by Users

Ambika Sha
Girls are only taking advantage of this act many innocent boys are behind the bars without doing anything

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