LawRato

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
Answers (5)

Answer #1
795 votes
Hello Good morning I'm Advocate Vivek Mishra well according to your case kindly send FIR copy and go for his bail for further more query kindly contact me so that I can elaborate you in proper manner thank you
Helpful? LawRato LawRato

Answer #2
816 votes
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.
Helpful? LawRato LawRato
Answer #3
740 votes
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.
Helpful? LawRato LawRato
Answer #4
630 votes
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
Helpful? LawRato LawRato
Answer #5
894 votes
At first, File a Bail Application u/s 438 before Allahabad High Court along with the statements of Girl u/s 161,164 Crpc.
Then Contest your case at the trail Court.
If Sentenced, File a Criminal appeal against the order of Trail Court before High Court.
Helpful? LawRato LawRato

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."