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.
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 5 years ago in Criminal Law
Religion: Hindu
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13 Answers
District Magistrate in favour of my cousin that he not done anything wrong with the girl but after that DM sent sealed copy of that statement to Police to investigate further and file the final report. Police not cooperating. So what can be done in this matter.
Asked 5 years ago
Pocso 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 recorded her statement that due to some misunderstanding she filed FIR under POCSO against my cousin and he has not done anything wrong with her. After that District Magistrate sent the sealed copy of girls statement 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 when minor girl has recorded her statement before District Magistrate in favour of my cousin that he has not done anything wrong with the girl but after that DM sent sealed copy of that statement to Police to investigate further and file the final report. SHO demanding 8 lac otherwise threatening of consequences
Asked 5 years ago
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
cousin should come down to India
be ready to face trial
No need to bow down to pressure tactics
contest case on merits
girl statement would help you in proving your your innocence
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.
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.
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.
You can file a Quashing application in high court to quash the FIR
Settle the matter between the parties. File the criminal miscellaneous petition before the high court to quash the case..
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.
You need to appoint a high court lawyer he will draft quashing petition before hc and then it wil be decided on merits
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.
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
