A Court in Mumbai reproached a woman for misusing the POCSO act against her neighbour – just to ensure that he was sent to jail. The falsely accused man was discharged after he spent 23-days in jail.
However, once again there was no action whatsoever on the woman who filed these false charges.
On June 1, 2018, a woman had alleged that around 9pm, her female neighbours, relatives of the professor, were abusing and assaulting her daughter and when she intervened, they slapped her. She claimed that later when her husband, daughter and she were returning home, the 48-year-old professor started to assault her daughter and even tore her shirt.
A police complaint was filed and the professor was arrested the next day and charged under several sections of the Indian Penal Code and POCSO Act. Later, the man got bail on June 25, 2018.
POCSO Court, Mumbai
The professor, who spent 23 days in jail in 2018, was discharged by POCSO Court after relying on CCTV camera footage.
The court, though, said on perusal of the CCTV footage, the case of the complainant that her daughter was subjected to sexual assault by the man is falsified. It said,
The complainant has made very serious allegations against the applicant. There is background of earlier dispute. None of the witnesses have stated that the alleged incident has occurred.
In the five-page order, special judge Bharti Kale said that the police need to carry out thorough investigation to rule out false implication of innocent people so that they are not made to go through ordeal of trials and probes as their life is affected mentally, physically and financially. Special judge Kale suggested,
Nowadays, CCTV cameras are available at many public places. May be prior verification through CCTV footage, if available, can to some extent deter false accusations.
The court further observed that the Protection of Children from Sexual Offences (Pocso) Act was enacted to protect children from sexual assault and its misuse cannot be permitted. The judge quoted,
So, the investigation agency and courts have to be alert.
The court said the mother had misused the provisions of law to falsely implicate the man due to which he had to suffer. Kale added,
The applicant was required to stay in jail…attend court proceedings. Such nature of allegations affected the right to life of the applicant. He was required to undergo physical and mental trauma and also financial loss for no fault of his.
In the absence of CCTV footage, he would have been required to go through an ordeal of a trial.
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