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shalaka ghokshe   21 October 2021

refuses to accept charges

my query is that the person is charged under section 376[3] IPC read with sections 5 and 6 of POCSO Act, but accused is refusing to accept charges framed on him. So what should be done?

 4 Replies

minakshi bindhani   21 October 2021

As per your concerns!

Statement of accused under Section 313 of the Criminal Procedure Code was recorded. If he denied having have committed the alleged offences. If he has been falsely implicated

Section 315(1) of CrPC any person accused of an offence before a Criminal Court shall be a competent witness for the defence on oath in disproof of the charges made against him or any person charged together with him at the same trial

Provided that
a. he shall not be called as a witness except on his request in writing.

b. his failure to give evidence shall not be made the subject of any comment by any of the parties or the court or give rise to any presumption against himself or any person charged together with him at the same trial.

Hope it helps
Minakshi Bindhani

Pradipta Nath (Advocate)     22 October 2021

The accused has every right to pled innocence. So it will be better to fight for your case and give suitable evidences to make your case stronger.

Dr J C Vashista (Lawyer)     22 October 2021

The accused has to face / defend trial through a prudent lawyer.

P. Venu (Advocate)     28 October 2021

What do you mean by "refuse to accept charges"

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