False accusation under POCSO act
19-Feb-2023 (In Criminal Law)
Hello my cousin has been arrested under the POCSO act last year by a 16 year old. The girl and her friend who is 22yrs old have been consuming Drugs and misusing the Premises of the School and he has warned her and asked them to bring their parents. The very next day the 22 year old files a complaint of rape and a week later the 16 year old files a complaint under POCSO act. (376,5,7,9 of POCSO) trial has been conducted and no evidence proves she has been a victim of rape except for the fact that her hymen is not intact. She doesn’t remember dates time or place of incident and a lot of contradictions were found. Despite all this the lower court has convicted him as there has been foul play with money. Manipulations in the statement has been made and things that were not said have been Noted down as if it was said. Kindly help with some advice that could help us out with what could be done further.
You can file appeal before high Court by stating all contradiction, under what circumstances false case was registered and when medical examination was done, you may also take ground that under what circumstances hymen will be ruptured
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