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benadmin   21 January 2016

363 ipc and sec 4 of pocso

I have som questions and I will be highly grateful to the members if they can give me some suggestions.

In May,2015 a boy and a girl came to my friends house and stayed overnight. My friend knew the boy so allowed him in. The next day a case of 363 and Sec 4 of pocso has been lodged in a police station by police following a written complaint by the mother of the girl. The girl (16yrs) is a minor. Police arrested the boy. And after 2 days police along with the boy came to my friends house and seized a bed sheet. My friend already fled. So, police just politely asked his parents to tell him to come to police station. 

Now 7 months gone my friend is still outside and police did not came to house or interrogated his family members. The boy is still facing trial. We are just thinking the might be my friend is sparred. But suddenly one day some persons came to his house with a notice from the court.

The notice read like "PROCLAMATION REQUIRING THE APPEARENCE OF A PERSON ACCUSED" (Section 87 of the Code of Criminal Procedure) .  As far as I understood it is a warrant and my friend is also booked with the same act that is 363 IPC and 4 of POCSO. The notice is issued on 4th day of December and the accused was told to visit the judge on 17th Dec at 10.30 AM. Shockingly the notice arrived on 10th Jan. 

I have the FIR copy with me along with written statement of the victims mother. Neither in FIR not in the complaint nowhere my friends name is mentioned. Also I gathered some ground reports and the victim herself did not accused my friend of anything in 164. 

Now I need to collect a copy of chargesheet, forwarding report , case status. Please guide me where I can collect the also if possible guide me to right direction for the future course of action.

 

Kind Regards,

Soumik.



Learning

 2 Replies

adv.raghavan (Advocate,9444674980)     26 January 2016

Your friend was booked as accomplice, so he has  to face the trial, ask him to appear before the court and recall proclamation at the earliest and then take call accordingly. Jumping the case is not good idea and it will be counter productive. 

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     29 August 2016

Sir, 

 

Please share the copy of the FIR and the role attributed to your friend. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450


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