In it’s recent judgement, Kerala High Court has ruled that:
An accused in a case alleging sexual offence becomes the victim himself if the allegations are proven to be false.
- 27-year-old man from Kottayam, who was the owner of a van transporting children to school, was accused of sexually molesting a girl child
- The man was arrested for hitting a 13-year-old girl’s hand with his shoulder that involved ‘sexual’ intent
- Subsequently, he had been booked under the POCSO Act
- There were couple of other school boys too travelling with the girl on the same bus
- The minor had described the incident while recording her statement in front of the magistrate and also mentioned that she was tutored by Pambadi Police to do so
- However, the two other boys who were accompanying her told court that they did not see any such misbehaviour by the transport man
- The judge cited the statements of both boys and agreed that the allegations of the girl were factually wrong and incorrect
- The criminal proceedings against the man were quashed as continuing the same would lead to sheer misuse of the process of law
- In the judgement, the court observed that it is not possible for anyone to infer or impute that the said act has been done by the petitioner with any sexual intent
- The court said that the said act cannot be considered as an act of sexual misconduct defined in the POCSO Act
Justice Alexander Thomas said in the judgment,
Before parting of this case, this court would like to observe that in a case of sexual offence where an accused is falsely implicated, the real victim in such false cases is not the ‘alleged victim’ of sexual violence, but the accused, who has been falsely implicated in the crime of sexual violence, which has been instituted falsely.
This aspect of the matter has to be borne in mind by the investigating officers, prosecutors as well as by the courts.
All we can say is most falsely accused men are not so lucky, especially when it comes to POCSO cases. When a minor is involved as the alleged victim in any sexual harassment case, the men are always pronounced guilty by default before society. However, in the said case, the judge has rightly analysed the case and quashed the criminal charges against the victim (of the false case) – the man.
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