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Statement of Victim and Witness is enough proof to convict under POCSO
23-Nov-2023 (In Criminal Law)
Esteemed sir In a certain POCSO case filed in the ADJ Court, there were 39 witnesses listed by Police in the FF. During their Deposition before the said court, 36 witnesses have denied giving any 161 statement to the Police except 3 witnesses i.e. [VICTIM], [COMPLAINANT], [WITNESS].These 3 persons have deposed against the accused [that he had inappropriately touched the victim ] and another accused [that he had threatened the victim not to complain against to the Police]. Both the accused have been pleading innocence. Is it sufficient to convict and ? What would be the fate of both the accused? Kindly guide us sir. With due regards
Statement given before the police are not sufficient to convict the accused but it won't be wrong to say it may work for conducting the trial. Hence, this is not the correct time to say whether the accused are in the safe zone or the danger zone. Let the cross-examination be conducted and law takes its own course.
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Adv. Rajdeep Pradhan
Cuttack | 100+ Answers
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Those witnesses who have not supported your case,they must be declared hostile by prosecution advocate.If not declared hostile,the accused person may get benefit of doubt by the court.which results in accuiatal of the accused
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Adv. Ved Prakash Shaw
Bhubaneswar | 100+ Answers
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Statement of victim if adequately proves the sexual offence then it is enough, because minor's consent is no consent . But a proper and diligent cross examination on behalf of accused may helpful to find the fact.
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Adv. Deepak Kumar Panda
Cuttack | 200+ Answers
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In POCSO Act statement of victim and two or three other witness 's 164 statement is enough even until such statement is recorded Bail can not be granted.Keep in touch with the Lawyer to know the progress
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Adv. Samar Pratap Mohanty
Cuttack | 100+ Answers
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No one was deposed in support of the accused before the court . Then what is the deposition of the doctor who examin the victims . What is the seizure witness statement . All this aspect will consider by the court
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Adv. Durga Prasad Jena
Cuttack | 200+ Answers
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