LawRato

Pocso Case About Love Affair. And Family Filed The Case


21-Nov-2023 (In Criminal Law)
On me thr is 367 pocso and 354 me n girl was having a love affair she 17 years n her mom and relatives have filed case and unfortunately due to mom pressure the girl has changed she has give statement that i use to blackmail her with her naked pics and ask for sex..yes we have naked pics but she has sent me by WhatsApp and i have full chats..she use to call me at her home even i have those chats.. even i have her love letters written in her handwriting..so is it possible that case will be from my side?
Answers (3)

Answer #1
801 votes
Thank you very much for showing your interest on lawrato platform. After carefully read your concern we can certainly help you out with your issue. It has been noted that you have full WhatsApp chat history and you can use it for the evidence. At a time you have the full rights to protect your self.

we need discuss further about your concern then only we can come into a conclusion of the right decision.
People also ask

How do you prove innocence when falsely accused?

It's crucial to collect evidence when dealing with false allegations. Included in this are physical evidence, such as clothing or photographs; witness statements or accounts of the incident, and any contradictions or inconsistencies in the accuser’s story. 18-Apr-2023

What is misuse of Pocso false allegations?

Misuse of POCSO, 2012 A girl under the age of eighteen years old may be influenced to make a false complaint in relation to a personal dispute by her family. 14-Jul-2023

How do you defend yourself against false accusations?

Be aware of the severity of the allegations. ... Understanding the cost of defense is important. ... Intervene before charges. ... Take no action. ... Collect any documents and physical evidence. ... Get the contact information of witnesses. ... Investigation. ... Plea bargain

What is the burden of proof in Pocso case?

Section 101 of Act places the burden of proof on those who assert or claim any facts. It means that anyone who wants a court decision to be in their favor must prove the existence of the facts. 03-Jun-2023

  
Answer #2
811 votes
If you have all the evidence with you and you have all the sound evidence with you I would suggest that you should go for anticipatory bail and the case has to be put forth before the court that the girl was minor she is mature enough to consent for sexual intercourse.. so don’t panic and take sound steps and for any assistance call me or meet me at my office

Answer #3
892 votes
Section 375 of the Indian Penal Code, 1860 states that any sexual intercourse with a woman who is below the age of 16 years is considered to be “rape”.  The consent of the person is irrelevant. However, after the coming of POSCO, this provision holds no relevance as after the latest amendments in IPC, 1860, if you engage in Sex with a Girl of less than 18 years despite of her consent, then you can booked for commiting Rape.

You are quite fortunate that you have not been booked under Sec 375 of IPC. Now, coming to the issue of 'Age of Consent' -

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."