Urgent Assistance and Legal Advice Needed in False POSCO Case

631 votes

False POCSO cases, where the Protection of Children from Sexual Offences Act is misused, are a serious issue in India, often arising from personal disputes (like land or divorce), extortion, or political pressure, leading to wrongful imprisonment for the accused and potential punishment for the false complainant under POCSO Section 22(1) for making false complaints, with courts taking action against such abuse to uphold the law's intent, as seen in Calcutta High Court cases.

Advocate Ankur Thakran LawRato

877 votes

helo i am advocate Ajay Godara form Hisar Haryana mana app ki puri detail send Kara do app ki puri help ki jaya ge app hame whtup ya email kar sakta hai app ki puri help ki jaya ge app hame case ki puri detail send Kara dena

Advocate Ajay K Godara LawRato

957 votes

Hello, In this case as you have mentioned the accused has already suffered the quantum of sentence which means the case has already been decided by the trial court. Now you will have to prefer a appeal in the High court regarding this case.

Advocate Sumegh Garg LawRato

866 votes

There are Various legal Remedies to deal with it . Rest depends on matter. feel free to Contact for further advice and assistance Thank You Regards Advocate Kuber Hooda Punjab and Haryana High Court Delhi High Court

Advocate Kuber Hooda LawRato

759 votes

The facts narrated disclose serious infirmities in investigation and appreciation of evidence. Where an allegation of sexual assault on a 5-year-old child is made inside a moving school bus, the presence of a male attendant at all times becomes a crucial circumstance which the prosecution is duty-bound to explain. Conviction cannot rest on mere accusation without cogent corroboration, especially when the alleged incident is said to have occurred in the attendant’s presence, yet no explanation is forthcoming as to his inaction or silence. Further, it is significant that the attendant was arrested but released within three days, whereas the driver remained incarcerated for years. This differential treatment itself raises doubts regarding the prosecution version and selective implication. The credibility of the complainant’s aunt is also relevant; if she had ulterior motives or questionable background, the same ought to have been carefully examined by the trial court, as motive assumes importance in cases resting substantially on testimonial evidence. Medical evidence, forensic corroboration, CCTV footage (if any), school records, bus route timings, and testimony of independent witnesses ought to have been strictly scrutinized. Any contradiction, delay in reporting, tutoring of the child witness, or absence of scientific evidence can materially vitiate the prosecution case. Courts have consistently held that while child testimony is admissible, it must inspire confidence and pass the test of reliability. At this stage, appropriate remedies would include criminal appeal against conviction, application for suspension of sentence, and exploration of review or revision if material evidence was ignored. If false implication is demonstrable, remedies under law for miscarriage of justice are also available. Urgent examination of the trial record is advised.

Advocate Neha Gupta LawRato