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