Anushka Sharma-
Published On: November 11, 2021 at 13:29 IST
The Kerala High Court stated while dealing with a POCSO case in which a father was Accused of Molesting his underage daughter, that False Charges of Child Molestation, particularly against a parent, might have a Hazardous Influence on the Accused.
A Division Bench comprising Justice K Vinod Chandran and Justice C. Jayachandran while Acquitting the father remarked, “Forensic and Semantics apart, child molestation is a shame on society; but if the allegations are false, it is lethal to the life of the Accused, more so if the Accused is a parent; even if he is eventually Acquitted.”
The Order came in response to an Appeal filed by a man who had been convicted of molesting his daughter by a Trial Court.
The Accused was Arrested after his minor daughter Accused him of Sexually Abusing her and even committing Penetrative Assault. His wife said that the youngster had told her about the event and that she had filed a Police Report.
When there are Material Discrepancies in the Prosecutrix’s Testimony and a delay in filing the FIR, a conviction cannot be recorded, according to the Supreme Court judgment in Santosh Prasad @ Santosh Kumar v. the State of Bihar.
As a result, it was claimed that the Stepmother’s Embellishments in her statements proved her Malafide purpose to Evict the Accused from the home.
The Court held that a Benefit granted to an Accused under one Statute, in this case, the JJ Act, cannot be imported into another statute, the POCSO Act, to Prejudice the Accused in a Prosecution under the latter statute.
“In this context, we cannot but notice that the fundamental principles of criminal jurisprudence require every benefit to be conferred on the accused and no prejudice being visited on him/her.”
Therefore, it was concluded: “..in the teeth of the inconsistencies pointed out by us and the incident having been elicited by way of leading questions, we find it difficult to uphold the conviction as entered into by the Trial Court.”
Hence, the Conviction of the Accused was set aside.
Also Read: Story of False Accusations of Rape
Madras HC: Victim Testimony sufficient for Conviction in POSCO Case