• POCSO Act

Sir,
FIR registered against my cousin under Pocso Act in April 2018.At present my cousin is not in India. After a gap of 3 months minor girl who filed FIR appeared before District Magistrate and gave in writing that due to some misunderstanding she filed FIR under POCSO against my cousin and he has not done anything wrong with her. District Magistrate sent the copy to SHO of the police station where FIR under Pocso was registered to investigate further. Now its almost 6 month over SHO is not filing his investgation report or to say not submitting FR (final report) before DM. When approached he is demanding 8 lac rupees threatening that he will write investigation report against my cousin and since my cousin is not in India he may declare him as an absoconder/bhagoda.My cousin dnt want to come back fearing that he will be arrested even though the girl gave statement in his favour but police will not leave him.Kindly suggest what to do
Asked 4 months ago in Criminal Law from Abohar, Punjab
Religion: Hindu

See if the girl party in our side you don't have to worry she and other witnesses can record the statement before the Judge that the case was due to misunderstanding and nothing wrong happened and police is intentionally not cooperating. 

Shubham Jhajharia
Advocate, Ahmedabad
19398 Answers
76 Consultations

5.0 on 5.0

No need to pay Rs 8 lakhs 

 

2) your cousin should come down to India 

 

3) cooperate with investigations 

 

4) girl statement would help your cousin in proving his innocence 

Ajay Sethi
Advocate, Mumbai
67029 Answers
4046 Consultations

5.0 on 5.0

cousin should come down to India 

 

be ready to face trial 

Ajay Sethi
Advocate, Mumbai
67029 Answers
4046 Consultations

5.0 on 5.0

No need to bow down to pressure tactics 

 

contest   case on merits 

 

girl statement would help you in proving your your innocence 

Ajay Sethi
Advocate, Mumbai
67029 Answers
4046 Consultations

5.0 on 5.0

See police on its will cannot file statement one other party is agreeing other party can record statement before the the court directly. Wait for some time if police is not giving any positive response approach the court.

Or approach Anti-corruption bureau to get the officer asking bribe trapped. 

Shubham Jhajharia
Advocate, Ahmedabad
19398 Answers
76 Consultations

5.0 on 5.0

1.  The Girl can file proper affidavit thru her lawyer, directly in court, with the entire story.

2. The cousin must take anticipatory bail, thru a lawyer, after which he cannot be arrested.

Hemant Agarwal
Advocate, Mumbai
2430 Answers
14 Consultations

5.0 on 5.0

Hi,

You are suggested to record the statements or converstations of the SHO/IO and submit the same to the vigilance along with the complaint of his wrongs of asking bribe. 

Ganesh Singh
Advocate, Delhi
3115 Answers
9 Consultations

4.5 on 5.0

You can file a Quashing application in high court to quash the FIR

Prashant Nayak
Advocate, Mumbai
12963 Answers
23 Consultations

4.6 on 5.0

Settle the matter between the parties. File the criminal miscellaneous petition before the high court to quash the case.. 

Mohammed Mujeeb
Advocate, Hyderabad
10264 Answers
3 Consultations

4.5 on 5.0

Sir

Your Cousin should come down to India and should participate in the investigation, the Police here just wants to earn money and you should not get under any pressure because of this.

Kindly move an appropriate application through a lawyer to direct the court to file the investigation report fast and later once the report is filed, get the  FIR quashed before the High Court.

Archit Vasudeva
Advocate, New Delhi
82 Answers

5.0 on 5.0

You need to appoint a high court lawyer he will draft quashing petition before hc and then it wil be decided on merits

Prashant Nayak
Advocate, Mumbai
12963 Answers
23 Consultations

4.6 on 5.0

Dear client 

No need to worry if the girl have given the statement in your favour in front of District Magistrate. As it will be very beneficial for your cousin in the case as well as he will get bail easily.

Your cousin should apply for anticipatory bail before appearing before the police. 

The statement of girl before magistrate is of very much importance in the case of POCSO ACT. as it is in your favor she just have to give the same statement in the court during the trail. 

Let the investigating office file chargesheet against your cousin there is no need of giving this much amount to police official. Instead of that hire a good experienced lawyer it would cost you around 2 L maximum and your friend can be Aquitted easily. 

Mohit Kapoor
Advocate, Rohtak
3599 Answers
1 Consultation

5.0 on 5.0

The statement recorded by the girl is important. If she has retracted from what she said earlier then no offence has been made out and hence a final report has to be filed. 

File a petition in the high court for quashing the fir/charge sheet and annex the statement of the girl.

Regards 

Rahul Mishra
Advocate, Lucknow
4346 Answers
11 Consultations

5.0 on 5.0

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