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deepak   16 April 2015

Pocso act

A man had an affair outside marriage with a Girl . Girl completed 18 Years of Age on 8th Jan 2015. Both fled away. Girl's family filed missing report and Man's wife filed 498A and DV against him and his family. On 27th March Girl came back and given her statement to police to close the missing report. Suddenly on 1st April 2015 Girl and her family went to Police station and file a 376 against the Man. 

Man applied for AB for 376 on 8th April 2015 and Got interim AB till 15th April 2015. Now on 15th April police came with say in court where police added 377, 109 against Man's whole family , 506 and POCSO.

Police giving ground that Girls DOB is 2/1/1997 and she is having affair from 2013 but FIR is lodged on 1st April 2015 when girls age is 18 Years 3 months how this became POCSO. Was MM court sleeping when allowing Police to use these laws as weapon to extort money. Police saying since same accused in 498A case AB must not be confirmed.

What should this man and his family do now?

 3 Replies

rajuchowdappa   16 April 2015

Better contact me 9980635871.

T. Kalaiselvan, Advocate (Advocate)     24 April 2015

The contradicting details in the query seems to be query of academic interest.  There is no reason for filing FIR u/s 377 that too on the family members and also a case under POCSO cannot be filed now especially when there was already a case of girl missing and 376 IPC subsists.

deepak   24 April 2015

Family is been charged with 109. On the same FIR of 376 and 377.. 

Boy is been charged with 376,377 and POCSO..

ABA is filed for family . boys 376 ABA has been rejected in sessions court.


What should be next way..


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