False posco and 366 363 filed against 18 yr old boy by step father of
16-Mar-2023 (In Criminal Law)
Hello
One of my relative 18yrs had an affair (physical) with a 16 yr old girl from the same village. In eastern UP dont marry within same village as they consider brother ans sister.
The girls mother is 3rd wife of step father. Father used to torcher the girl alot. After coming to know about the affair father told the boy that they will get them married we have a video record of this.Later that day father torchered the girl and throwd the girl out of house. Girl came to my relatives house and within 10 min police arrived. Both girl and boy said that they love each other and want to marry in front of everyone girl also told police that she was torchered by her father and thrown out. But police registered acase against my relative posco16/7 , 366i, 363. We have lots of love letter and call recordings of the girl saying she would die if he did not marry her she loves him. My relative is already in jail. Please guide me what to do next
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If your relative is in jail then do one thing that if the girl is in love with the boy and the girl says in the statement of 164 before the magistrate that she wants to marry with him, then it will be easy for your relative to get bail and He will also be released from jail, second thing you send us a copy of the FIR and since when is the boy in jail, you can go to bail on the basis of what the girl has given in the statement of 164 to the magistrate that the girl is in that loves boy and wants to marry him What you have mentioned in section 363 and 366 Indian Penal Code, on the basis of this your trial will run in that session.
on the above mentioned query please file immediately a writ petition for FIR quashing in the concerned High court for the reason taking on plaint that the accused is major and is love with her. their are lots of conversation, so that's the proof which annexed with the file when the plaint filed.
there is no question of law for pocso act lie on the accused, when both were in love with each other and in physical relationship with each other's consent.
there is no question of law for pocso act lie on the accused, when both were in love with each other and in physical relationship with each other's consent.
is below 18 years of age then there is no question arises that whether there was consent or not how were in this view of matter it is important to state if the girl is minor and below the age of 18 years then the provisions of pocso act will be attracted the matter given below if the case has been registered under pocso act then you have only remedy to obtain bail to challenge criminal case high court
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