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How to get bail in POCSO case when there is admission of guilt?
29-Sep-2023 (In Criminal Law)
My Uncle was charged with FIR with act POSCO section 6 for sexually abusing a 6 year old girl. He admitted the same in police investigation. But while we are asking, he rejects that claim and says he admitted in police out of fear and everything framed was a setup. He has no criminal background until now. Medical reports are in due now. Also, recording of child statement was done before the magistrate. From our side, we have applied for a bail. PLease let me know how we have to proceed with this case and possible ways to clear this case.
Hi sir/madam.
It's very deficault case sir because minor girl.
You should wait and after file bail
Other any doubt please give me fir copy then only I will clear solution
It's very deficault case sir because minor girl.
You should wait and after file bail
Other any doubt please give me fir copy then only I will clear solution
Helpful?
29+
29+
Adv. D Parthibhan
Chennai | 400+ Answers
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section 26 of Indian Evidence act says that confession by accused while he is custody of police not to be proved against him. hence the admitted facts we need not worry at this time . As per as bail appliction is concerned only within the scope of 439 and 437 (3) of Cr.P.C. sre to be considered. The bail is purely the discretionary power of the court.
Helpful?
50+
50+
Adv. Saravanan
Krishnagiri | 25+ Answers
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you can submit the medical report which is in favour of your uncle with has no criminal background and you can mention with the complaint was filed intentionally.And, you can rebut the child statement with the medical report.
Helpful?
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26+
Adv. Abarajithan R
Trichy | 25+ Answers
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