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pocso 7/8 377 511 case registered on me in July 2023
29-Mar-2024 (In Criminal Law)
I got bail in 30 days from session court. Now as the case registered on me is 90% fake witness is ready to turn hostile as nobody wants to go court and also they lied on FIR and now the turn is of evidence. Both of us don't want to fight. We don't want to say that compromise has happened between us and offense like pocso 377 is uncompoundable. What will be the impact if witness only 2 mother and father and 3rd is victim turn hostile
If the complainant has turned hostile then you can always approach the High Court and get the FIR quashed that was registered against you. And you need not attend the court proceedings on a regular basis. You can always file exemption application before the court for your non-appearance. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Delhi | 500+ Answers
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Well, as per the factum of the query as received, both the parties can move for quashing proceedings under section 482. Even if the offense as alleged is not compoundable, the court can still quash the case, if the complainant is not willing to pursue the same. If the witnesses are turning hostile, then after the quashing you can file a malicious prosecution complaint in the nature of civil and criminal and seek compensation for such false cases against you. The rest all depends on the exact facts of the case.
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Adv. Yuganshu Sharma
Delhi | 400+ Answers
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Sir , this information is not sufficient as it's a POSCO matter I would suggest you to visit a legal practitioner with the documents , facts aren't clear as you are saying witness turns hostile ... that happened in court ?
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Adv. Priya
Delhi | 5+ Answers
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Even if it's a fake case it cannot be withdrawn. If all witnesses become hostile, it may work in your favor for acquittal, though this scenario typically unfolds after the evidence stage. Wishing you the best of luck.
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Adv. Arinjay Bisht
Delhi | 5+ Answers
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