Pawan Jury BhilwaraRj
Rahul Mehta Gandhinagar LsCandidate:
Order your MP via SMS to bring proposed\demanded Central Govt Gazette Notification to fix incompleteness in POCSO to deteremine age of victim.
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Dear citizen,
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This status post is NOT specific to Sant Asaramp Bapu. It is for 100s and perhaps 1000s of persons who are being rightly or wrongly prosecuted under POCSO. The post does not say that "Sant Sri Asaram Bapu must be acquitted etc etc". The post is ONLY about POCSO law.
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(Post comments are reading first comments. Otherwise, comments will be deleted. Additional links are in 1st comment)
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POCSO says that if victim is below 18 years, then punishment on accused , if proven guilty, will be much higher, That is aside. But POCSO doesnt give guidelines to decide age of victim. So many people are able to misuse POCSO using dubious age certificates.
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POCSO section-46 allows Central Govt aka PM to issue notification to address incompleteness with the act.
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So if you citizen wish to address this problem then Irequest you to send following order to MP via SMS .
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"Dear MP, I a voter of your constituency order you to order PM to print a Gazette Notification to reduce incompleteness in deciding age in POCSO . The draft of GN is given at http://tinyurl.com/PocsoAge ".
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DEAR MP,
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If you got the url to this status via SMS, then pls consider it as order from the voter who sent you the SMS. (not from the author of this status).
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Please order PM to print following Gazette Notification.
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=== start of proposed GN====
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1. This GN is printed under POCSO Act, section-46(1).
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2. This GN addresses the incompleteness about deciding age of victim in the POCSO Act. And this GN is to be applies when there are two of more age certificates to decide the age of the victim.
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3. In case of there are two or more age certificates to decide age of victim, and all valid age certificates came into effect or existence more than 3 years before the crime happened, then the age certificate which shows higher age will be taken to decide the age of victim,.Also, if the older age certificate shows higher age, then order age certificate will be taken.
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4, If age certificate is illegal or issued thru forged means, then it would not be taken into account
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5. This is because of general principal that accused should be given benefit of doubt, and also if there are two or more certificates both having implied consent of parents or gaurdians, then accused should be given benefit of doubt, as a general princiipal in law
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6. However, if victim or victim's gaurdians or victim's parents agree for medical test to determine age such as such bone ossification test or any approved test, and if the test conclusively puts age as age below 18 years, then medical test will override all age certificates.
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7. The medical tests give a limit such as from "age is between A years B months to X years Y months". In such case, the higher limit will be taken, as accused is entitled for benefit of doubt,
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=== end of proposed GN====