False Case under POCSO.
2 years ago
A month back, my friend had some quarrel with her neighbor on some petty issue. At that moment, he was threatened by her that "I will file a complaint (false) against you for commiting sexual assault with my daughter" (17 years old). He was taken this up lightly & didn't reacted at all but after few days police arrested him, presented before ASJ and that judge sent him for judicial custody (U/S 8 POCSO & IPC 354A, 506, 509) But immediately after that quarrel happened between him and her, he has drafted an email to the concerned SHO of that jurisdiction about the incident and explained about how she has threatened him for lodging a false case. Now my question is can he use that email for his defense or will that email has no relevance in the trail? Some Facts of the case:- 1) Mail was drafted 10-20 minutes before calling to PCR by her. 2) She has Lodge FIR 2 days after the incident. 3) My friend was living there on a rental basis with family for more than 3 years and his neighbor didn't like anybody to stay there. (don't know what's the reason) 4) My friend got bail from the Session Court in 13 days of JC. 5) Chargesheet has been filled and there's no wittiness from the prosecution, only statements U/S 164& 161.
In case like this any and every evidence regardless of its vlaue should be presented to the court to substantiate the innocence of the accused and get him acquitted. Ask your lawyer to use all that he can to defend your friend in all possible way.