• False pocso case linked to principal position dispute

In 2020, my mother (aged 60, OBC caste, School Principal) had ongoing disputes with the Vice Principal and his wife (both Upper Caste), who took over her position after her retirement. A 17-year-old Class 12 student later accused my father under POCSO, claiming my mother had sent her to our house to collect answer sheets, where my father allegedly touched her inappropriately.

The FIR says girl went to school at 11:00 AM and the incident happened at the same time and after that she ran to her home. However, in court:

Her mother (PW3) said she went school at 10:00 AM,

Her father (PW2) said 11:00 AM.

School timings were 9:00 AM to 1:30 PM, and the school, my house, police station, and her residence are all within 300 meters. IO sent a handwritten document (signed by him) requesting:

- Attendance sheets
- Teachers’ names and Aadhaar,
- CCTV footage.

My mother submitted all, and the IO signed the receiving copy. The records showed:

1. All Class 12 students, including the girl, confirmed her presence all day.
2. Teachers gave handwritten confirmations, especially for the Sanskrit class (11:50–12:20), where she was the only student.

However, none of these were added to the Case Diary or Charge Sheet. The IO denied receiving any documents during cross-examination.

Current stage: Section 313 CrPC completed.

🔹 Legal Questions:

1. My advocate did not ask several crucial questions during the cross-examination of the girl and her parents. Can I file an application under Section 311 CrPC to recall them for re-examination and introduce key documents? At which stage(s) is a Section 311 application permissible?

2. During cross, the girl and her mother cried and left. The judge halted the cross. Is there any legal remedy against such disruption or possible influence?

3. As per the case diary, IO recorded video statements. How can I legally obtain these recordings of girl and her parents ?

4. When and how can I file Section 22 POCSO against the complainants for filing a false case for extortion/harassment?

5. Since the girl gave her statement after turning 18, can I proceed under CrPC 193/195 read with 340 for giving false statement or evidence?

6. What remedies are available when the female complainant or prosecution witnesses fail to appear for their statement or cross-examination on three consecutive dates? What powers does the court have to compel their appearance or initiate penal action for willful non-compliance?
Asked 7 months ago in Criminal Law
Religion: Hindu

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4 Answers

1. Section 311 CrPC - Recall Witnesses:

  • Yes, you can file a Section 311 CrPC application even after 313 stage (before judgment) to recall witnesses for further cross-examination or introduce key documents.

  • Courts generally allow if you show it’s essential for a just decision.

2. Disruption During Cross:

  • File an application before the trial court asking for a chance to complete cross-examination, mentioning the disruption and seeking re-summoning under fair trial principles.

3. Video Statements from IO:

  • File an application to court under Section 91 CrPC requesting the court to summon the IO to produce the video statements recorded during investigation.

4. Filing False Case Complaint (Section 22 POCSO):

  • After your father’s acquittal, you can file a complaint under Section 22 POCSO against the complainant for false complaint.

  • Filing before acquittal is premature.

5. False Evidence Action (Section 340 CrPC):

  • After trial/acquittal, you can file Section 340 CrPC application against the girl for giving false evidence once she was an adult.

6. Witness Non-Appearance:

  • Court can issue bailable or non-bailable warrants under Section 312 CrPC and even initiate proceedings under Section 174 IPC for repeated non-appearance.

Shubham Goyal
Advocate, Delhi
2055 Answers
14 Consultations

Yes you can do recall of withnes 

you can file rti application for getting videos if not filed in court

after your acquittal you can file case against complainant for false prosecution 

only for false statement on oath in court you can initiate 195-340 crpc

Issuing warrant against them

Prashant Nayak
Advocate, Mumbai
34494 Answers
248 Consultations

if a witness does not appear for cross-examination, the court can issue a bailable warrant to compel their presence

 

2)

If a witness fails to appear after a summons or warrant is served, the court can issue a new summons or escalate to a non-bailable warrant if the witness continues to evade. 

 

 

3) don’t make any application under section 349 at this stage 

 

4) Section 22(1) provides for a maximum of six months of imprisonment or fine or both to those who provide false information, regarding sexual assault against children, solely with the intention to humiliate, extort, threaten or defame an individual against whom the complaint under the Act was being made.

 

5)

However, Section 22(2) makes it clear that if the false complaint or false information of sexual assault had been provided by a child, then no punishment shall be imposed on such child. Therefore, the judge can order prosecution only against those who had instigated the tchildren to lodge the false complaint.

 

6) A party must file an application with the court requesting access to the video recordings, providing reasons for the request, and obtaining a court order before the recordings can be accessed

Ajay Sethi
Advocate, Mumbai
99755 Answers
8142 Consultations

1. How are you related to the case, are you an accused?

If not the accused only has to file an application for recall of the witness based on the documents he may rely upon to defend his interests, you can inform your advocate.

The party seeking to recall the witness must file an application under section 311  with the court, stating the reasons for the recall and why the witness's further examination is essential for a just decision. 

The court has the discretion to grant or deny the application based on the specific facts and circumstances of the case. The court must consider whether the witness's testimony is essential for the just decision and whether it is being sought to fill in gaps in the case. 

2. If a cross-examination is halted and the witness doesn't return, the party attempting cross-examination may move to have the witness recalled or, depending on the circumstances and applicable laws, the witness's testimony may be considered incomplete or withdrawn. In criminal cases, the court may draw adverse inferences from the lack of cross-examination.

3. The accused has the right to inspect the evidence during cross-examination. This right is crucial for the accused to defend themselves adequately by challenging the credibility of witnesses and testing the veracity of their statements.

4. If the accused proves a false accusation during the trial, the court should direct the police to register a case under Section 22 of the POCSO Act and proceed accordingly

5. When a victim turns 18, the case is no longer considered a juvenile case under the Juvenile Justice Act. The POCSO Act remains applicable, but the proceedings may shift to the adult courts. False allegations under the POCSO Act present a significant challenge to the justice system. While the Act is crucial for safeguarding children from sexual offenses, its stringent provisions can be misused by individuals with malicious intent.

6. If a witness fails to appear for cross-examination after three scheduled dates, the court can take various actions, including issuing a warrant of arrest, imposing a fine, or ordering the witness's property to be sold. The court may also consider the witness's testimony to be invalid, and the case may proceed without their testimony. 

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

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