Kerala HC Notes Misuse of Pocso Act for Personal Vendettas
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Kochi, Dec 4 (NationPress) The Kerala High Court has remarked that certain individuals are misusing the provisions of the Pocso Act to settle scores with their adversaries for self-serving reasons. The court emphasized the importance of judicial systems to "distinguish between genuine claims and false allegations" to evaluate whether the claims present a prima facie case.
A bench led by Justice A. Badharudeen highlighted that it is the duty of the courts to dismiss groundless and frivolous lawsuits motivated by ulterior intentions.
“The Pocso Act was established by lawmakers to safeguard children from all forms of sexual abuse, incorporating strict punitive measures. However, it has come to light that the Act is being manipulated by certain factions to exact revenge and to forge a strong case against perceived enemies, seeking personal gain in the process. A thorough examination of the case facts will reveal if the allegations stem from ulterior motives and lack credibility. In such instances, courts should utilize their authority under Section 482 of the CrPC or Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to dismiss these unwarranted litigations at the outset,” the court stated.
This observation arose during a case where a husband was accused by his wife of committing penetrative sexual assault against her while she was a minor, prior to their marriage.
The couple had been in a romantic relationship, which lasted approximately two years before they wed in 2017.
The court pointed out the absence of a satisfactory reason for the delay in lodging the FIR regarding the alleged sexual harassment that occurred in 2015.
“In this instance, the petitioner’s wife is the complainant who filed her complaint three years and one month after the alleged incidents in 2015 and 2016, coinciding with their marital discord and subsequent rivalry. At first glance, it seems the accusations have been made with ulterior motives, as the wife is misusing the Pocso Act and IPC provisions long after the marriage occurred,” it continued, concluding that the allegations against the petitioner were prima facie untenable.
Consequently, the court nullified the final report and all proceedings against the petitioner.
