False Allegations Of Child Molestation Lethal To The Life Of Accused: Kerala High Court Acquits Man Accused Of Raping, Daughter2 min read


While dealing with a POCSO case, where a father was accused of molesting his minor daughter, the Kerala High Court on Wednesday held that the false allegations of child molestation against the parents are particularly dangerous on the accused may have an effect.
A division bench of Justices K Vinod Chandran and C. Jayachandran observed while acquitting the man, Apart from forensics and semantics, child abuse is a matter of shame for the society, but if the allegations are false, it is fatal to the life of the accused, especially if the accused is a parent, even if he is eventually acquitted. Here We have a case of a child making such allegations against his father with the active support of the stepmother, only abetment on the part of the latter, pleads the accused.
“The order came in an appeal filed by a father who was convicted by the trial court for molesting his daughter. He was booked for accusing her of repeatedly sexually assaulting her minor daughter and even penetrating her. His wife, the girl’s stepmother claimed that the child had narrated the ordeal to her and thereafter a police complaint was filed.
As per the judgment of the Supreme Court in Santosh Prasad @ Santosh Kumar Vs State of Bihar when there are material contradictions in the evidence of the accused and when there is a delay in lodging the FIR, the punishment cannot be recorded.
As such, it was claimed that the adornment in the stepmother’s testimony indicated her malicious intent to remove the accused from the house by any means.
On these grounds, the amicus curiae argued that there was nothing to attract the provisions of the Protection of Children from Sexual Harassment (POCSO) Act as the age of the child was not proved by the prosecution as per law.

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