The Bombay High Court has granted anticipatory bail to a 48-year-old man after observing an alleged false implication in POCSO Act case by former wife. The high court said that the mother sought to co-relate affection of the father for his son to an alleged incident this year so that she could invoke provisions of POCSO Act.
The parents of the 15-year-old boy “divorced” in 2019.
Case:
The estranged couple married in 2001 and have two children. The woman, in her complaint, also accused the man of domestic violence, dowry harassment and having an extra marital affair. It was also claimed that in 2011 and 2021, the touched his son inappropriately.
The court noted that in March 2019, applicant [accused man] claimed to have given talaq to the complainant and it is subsequent thereto old issues are cropped up by the complainant for registration of offence. It pointed out that despite getting divorced, the man and woman lived together until March 2020.
Arguments by Accused Man (Father)
The accused is a public servant who moved high court after a special POCSO court rejected his plea for pre-arrest bail in June.
The man’s lawyer, Madhukar Dalvi, submitted that the entire contents of the June 2021 FIR were completely cooked up as afterthought, as the man had already given divorce in March, 2019. Dalvi submitted that the FIR contains allegations which are as old as eight years for which there is no convincing explanation.
Bombay High Court
Observing that false implication of the father can’t be ruled out, Bombay high court granted him anticipatory bail. The court said,
Rather, story narrated in the FIR appears to be unbelievable as there is no plausible explanation coming forth for delayed FIR and about suppression of fact of divorce being given by the applicant [accused man].
The court said that despite the woman claiming she was supported by three brothers, there is no explanation for the delayed FIR. The court added,
The alleged sexual assault on son in 2011, 2016 etc. is reported in 2021. Affection of father for son is sought to be co-related to 2021 incident to invoke provisions of POCSO. Allegations are not supported by medical evidence.
The high court also said that the man’s relationship with another woman, at this stage, cannot be termed as ‘illegal’ as second marriage under religious laws by which the parties are governed is permissible. The court said,
But for bald allegation, no evidence is discovered to substantiate the same.
The court concluded,
It is required to be noted that grown-up children have never complained about alleged incidents to any other person than the complainant.
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