Madras High Court: N. Anand Venkatesh, J. while addressing a petition expressed disappointment in respect to the manner in which POCSO Act is being misused, as, in the present case, the wife went down to the extent where she has put up false allegation of sexual assault against her husband with their daughter who is aged 11 years old only with the motive to get custody of her daughters.
“One of those unfortunate cases, where the wife has resorted to giving a complaint against her husband alleging that he has committed sexual assault against their daughter.”
In the present case, the 2nd respondent gave a complaint to the respondent police stating that there is an illicit relationship between the petitioner – father of their daughter. She adds that, she was able to identify and see some bodily changes in her elder daughter and also she had become pregnant. Her pregnancy was terminated through native medicines.
Respondent police had registered an FIR for an offence under Section 6 of the Protection of Child from Sexual Offences Act, 2012.
Petitioner apprehended arrest and approached this Court by filing the Anticipatory Bail Petition. Court summoned the minor girl in order to enquire her in person. She completely denied the allegations made against the petitioner.
Observations made by the Court:
Court categorically found that the de facto complainant lodged a false complaint with an ulterior motive to threaten petitioner and thereby petitioner was granted anticipatory bail.
Present petition is aimed to quash the FIR which is itself an abuse of process of law and is being used to threaten the petitioner to wreck vengeance against the petitioner.
Court on summoning the victim girl noted that, she had narrated the entire incident clearly where it can be seen that the defacto complainant was attempting to take the daughters into her custody and for that purpose, she cooked up a false story against the petitioner. It was also added to the Court’s observation that, the victim girl had taken a very consistent stand both at the time of giving a statement under Section 164 CrPC and at the time when she was personally enquired by this Court.
This case has shocked the conscience of the Court and it is unbelievable that the mother just for the sake of taking custody of her child, can go to the extent of making such serious allegations against her husband.
Court while analysing the seriousness of the false allegation also stated that it is an eye-opener for the Court as now the Court is aware of the extent with which POCSO Act can be misused.
“2nd Respondent without caring for the future of her own daughter, proceeded to give a complaint alleging illicit relationship between her husband and daughter”—This is the worst type of false prosecution a Court can ever encounter.
Therefore, respondent police is directed to immediately proceed against 2nd respondent under Section 22 of the POCSO Act for having given a false complaint and accordingly action to be taken in accordance with the law.
This case should be a lesson for all those who attempt to misuse the provisions of this Act, just to satisfy their own selfish ends.
Thus Criminal Original Petition is accordingly allowed. [N. Chandramohan v. State, 2019 SCC OnLine Mad 3666, decided on 20-08-2019]