Delhi Court acquitted POCSO accused implicated due to financial dispute: Ravi Drall Advocate

Delhi Court acquitted POCSO accused implicated due to financial dispute: Ravi Drall Advocate

In a significant legal victory, Delhi Special Court Judge has acquitted five accused individuals who have been embroiled in a criminal trial under the POCSO Act for the past decade. The case unfolded when a complaint was lodged by the victim, alleging that the accused individuals, riding on two bullet bikes, forcibly stopped her on her way home and also took the phone number of her sister.

Criminal Lawyer, Ravi Drall, represented the accused individuals and meticulously cross-examined the victim and her family members. Throughout the trial, witness testimonies were presented on behalf of the accused. Ravi Drall vehemently argued that the case at hand was a clear instance of misusing the provisions of the POCSO Act. He further contended that the case was a retaliatory tactic in response to legal actions initiated by the accused individuals’ associates in Hisar, Haryana.

Uncovering the underlying facts, it was revealed that one of the accused had provided financial assistance to the victim’s father and brother in procuring a loan from a financier back in 2012. When the loan repayment became overdue, the accused individuals demanded the return of the money, threatening to present the security cheques in court for recovery. Subsequently, cases of bounced cheques were filed in various courts. In an attempt to evade the debt repayment, the victim and her family concocted a false case against the accused.

During the trial, it became evident that the statements of the prosecution witnesses were inconsistent and riddled with contradictions. Numerous embellishments were also made in an effort to bolster the prosecution’s case. However, after careful consideration of all the circumstances, the Sessions court ultimately acquitted the accused individuals in the case.

This landmark legal victory underscores the importance of having the best Criminal Lawyer in Delhi on one’s side. With expertise and diligence, Ravi Drall Advocate successfully navigated the complexities of the case, ultimately securing justice for the accused individuals.

The Protection of Children from Sexual Offenses (POCSO) Act, 2012 was enacted by Govt. of India to safeguard children from sexual abuse and sexual offences. The Act clearly defines a child as any person below the age of 18 years. The POCSO Act provides punishment as per the gravity of offence.

The Act was further reviewed and amended in 2019 to Introduce more stringent punishment including the death penalty for Committing sexual crimes on children, with a view to deter the perpetrators & prevent such crimes against children.

The Government of India has also notified the POCSO Rules, 2020. Rule-9 of the POCSO Rules provides that the Special Court may, in appropriate cases, on its own or on an application filed by or on behalf of the child, pass an order for interim compensation to meet the needs of the child for relief or rehabilitation at any stage after registration of the First Information Report (FIR). Such interim compensation paid to the child shall be adjusted against the final compensation, if any.

As per the POCSO Rules, Child Welfare Committees (CWC), on receiving a report under sub-section (6) of section 19 of the Act or on the basis of its assessment, and with the consent of the child and child’s parent or guardian or other person in whom the child has trust and confidence, may provide a support person to render assistance to the child in all possible manner throughout the process of investigation and trial. Support person has been given responsibilities under the POCSO Rules, 2020 for ensuring the best interest of the Child such as,

  1. render assistance to the child in all possible manner throughout the process of investigation and trial [Rule – 4(8)];
  2. provides monthly report till the completion of trial, with respect to condition and care of child, including the family situation focusing on the physical, emotional and mental wellbeing, and progress towards healing from trauma, engage with medical care facilities, in coordination with the support person, to ensure need-based continued medical support to the child, including psychological care and counseling, and shall ensure resumption of education of the child, or continued education of the child, or shifting of the child to a new school, if required [Rule- 4(12)];
  3. inform about the developments, including the arrest of the accused, applications filed and other court proceedings [Rule- 4(13)];
  4. provide following information to the child and child’s parents or guardian or other person in whom the child has trust and confidence [Rule-4(15)]:-
  1. the availability of public and private emergency and crisis services;
  2. the procedural steps involved in a criminal prosecution;
  3. the availability of victim’s compensation benefits;
  4. the status of the investigation of the crime, to the extent it is appropriate to inform the victim and to the extent that it will not interfere with the investigation;
  5. the arrest of a suspected offender;
  6. the filing of charges against a suspected offender;
  7. the schedule of court proceedings that the child is either required to attend or is entitled to attend;
  1. the bail, release or detention status of an offender or suspected offender;
  2. the rendering of a verdict after trial; and
  3. the sentence imposed on an offender.

 

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