- This topic has 21 replies, 14 voices, and was last updated 1 month, 2 weeks ago by
.
-
Posts
-
-
UMy younger brother (18) has been sent to jail in a POCSO, 376 and kidnapping case, and I genuinely don’t know what to do anymore.
I’m 20 years old and work as a tailor. My father is not with us, my mother has stopped going to work because of stress, and I’m the only one trying to handle everything financially and mentally.
My brother was in a relationship with a girl whose family already knew about him, and our family also knew about their relationship. On 29 April around midnight, the girl called my brother crying and begging him to take her away because she said her father used to come home drunk, threaten and beat her, and she was scared he would kill her. She said her mother and younger sister had already left the house.
My brother brought her to our home because she was terrified to go back. My mother allowed her to stay because the girl kept crying and saying she would be harmed if she returned home.
After 2 days, her family filed a missing complaint. Later my brother went to the police station himself with a call recording where he was telling the girl to go back home because police were troubling him. But when police checked his phone, they found private videos of both of them together.
After that, police registered POCSO, Section 376 and kidnapping charges against him. The girl continuously said she came willingly and wanted to stay with him, but nobody listened because she was still legally under 18 at that time. She turned 18 on 9 May, just days later.
Her family even said things like “even if our daughter dies, we don’t care.” Meanwhile, we spent the whole night in the police station during medical checks, signatures and formalities while they laughed at our condition.
Now my brother has been shifted to jail after court proceedings. We hired a lawyer and already paid around ₹12k, but nothing much has happened yet. I only have around ₹26k savings left.
I honestly feel lost. If anyone has legal knowledge, experience with similar cases, or advice about what we should do next, please help.
-
USome please help this guy.
NAL
What state are you from?
Keep all records ready and post this on X.com tagging police and other high profile people as well.
I hope everything gets sorted soon. ❤️ -
-
-
-
-
UPracticing Advocate High Court here, Bail from sessions Court is tough to get in such cases, generally, however bail petition in High Court is the next legal remedy, you can apply for. If u can show existence of a relationship , and considering your brother doesn’t have been involved in any more such cases in the past, and already in jail ,so a regular bail could be granted. Law says Bail is a rule, Jail is an Exception.
-
UThank you sir. My brother has no previous criminal record and the girl herself told police that she came willingly and wanted to stay with him. Both families already knew about their relationship before this incident.
We have images, and videos. witnesses showing they were in a consensual relationship. Right now we are very confused and financially struggling. Our lawyer has not explained much to us yet.
Should we start preparing directly for High Court bail if Sessions Court rejects it? And what evidence would help the most in such cases?
-
-
-
-
-
-
-
-
-
MLawyer here.
The recent trend among High Courts and the Supreme Court has been to quash such cases where young people, particularly in this age, have been in romantic relationships, and the boy faces POCSO because of the disgruntled family of the girl and particularly if the girl insists that everything was consensual and with her free will.
If everything you say is true, you have to prove it in court, where the girl’s statement will be the most important evidence.
Find an advocate and apply to the High Court for bail as well as quashing.
-
-
UShe said that her mother and sister left her father, ask for the help of her mother and sister. Is the chargesheet filed ?
-
-
RAsk the girl to convince her family and make statement and be available on the bail hearing in the court.
-
-
