Conviction in a pocso case
sidharth
(Querist) 23 November 2017
This query is : Resolved
Esteemed sir
In a certain POCSO case filed in the ADJ Court, there were 39 witnesses listed by Police in the FF. During their Deposition before the said court, 36 witnesses have denied giving any 161 statement to the Police except 3 witnesses.These 3 persons have deposed against the accused [that he had inappropriately touched the victim ] and another accused [that he had threatened the victim not to complain against to the Police].
Both the accused have been pleading innocence.
Is it sufficient to convict the two accused?
What would be the fate of both the accused?
Kindly guide us sir.
With due regards
Guest
(Expert) 23 November 2017
Immediately remove all names. For posting such names you can get into serious legal trouble, don't increase the trouble for yourself first.
we have not checked brief, and you never know what Judge conclude it is is all in his mind.
Even some time one evidence is enough for him to conclude, or on law point case can change direction . And this judgment can be conclusive or even appeal can take place even if you lose .
Whether the accused have criminal background or similar matter that may also influence the case
sidharth
(Querist) 23 November 2017
Thank you, Madhu sir for the fast reply...
N.K.Assumi
(Expert) 24 November 2017
Dear Querist, your query is the bed rock of Criminal jurisprudence in the country. However, you have not mentioned whether you have the copy of the previous statements recorded by the police under 207 read with 238 of the CrPc.Do you have the copy or not, and whether there is contradictions in the statements deposed before the court from the previous statements made before the police or IO? Expert Madhu,; is absolutely correct that convictions can be based on solitary witness, as the IEA does not go by quantity but by quality, as such, the evidence of solitary witness should be trust worthy and inspired confidence of the court before acting upon it
sidharth
(Querist) 24 November 2017
Thanks for the reply sir
Dr J C Vashista
(Expert) 25 November 2017
Case file is required to be perused for proper analyses and response.
