Court Grants Bail To 22-Year-Old Man In False POCSO Case After Woman Admitted Reason As Marital Spat

Special POCSO court in Mumbai has granted bail to an accused in a sexual assault case on Monday. The bail was granted by Judge S J Gharat after the victim deposed in front of the court. A conditional bail has been granted to a 22-year-old accused who was arrested in June on charges of sexually assaulting his seven-year-old niece.

The accused man’s advocate Manoj Bachate went on to reveal how his client had been falsely framed in the matter, that has arisen out of marital dispute. Bachate said that the girl chose to blame her uncle for something he hadn’t done. The advocate quoted,

The court has granted my client bail after the victim deposed before the court and also gave a statement that she named her uncle as he had fought with her father.

Background

The complainant woman visited Agripada police last week, to inform them that her niece (brother’s daughter) had been sexually assaulted by her maternal uncle (sister-in-law’s brother). The woman who works in Nair Hospital, specified in the complaint that on June 27, her sister-in-law had a marital spat with her brother and went to her brother’s place along with her two children. This is when she alleged of false sexual act by the man.

Though the accused is out on bail now, he is not permitted to contact the victim by any means hence again. He was also ordered to show up in the court whenever the matter comes up for hearing.

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In similar story, a 20-year-old woman misused the POCSO Act, when she charged her 36-year-old maternal uncle in a molestation case in Malwani, Mumbai.  In February 2013, the Dindoshi sessions court granted bail to Robert Papachand after spending 11-months in custody based on the false POCSO case. The court freed the man when the woman admitted that she was not a minor.

On March 2, 2016, a case had been registered under Malwani police against Robert, a driver from the same place, after the woman accused him of molestation. Following that, he was taken into custody on March 3. The woman had alleged that her uncle forced himself on her. Along with that, she also complained that the accused with his wife had threatened her and locked her in the house after she complained.

The Malwani police had filed a charge sheet without attesting the proof of woman’s age. They had then informed that she hadn’t provided any documents even after requesting several times. The accused filed for bail twice, however both times, the same was denied by the court. The accused was later granted bail in January 2017.

Woman Gets 3-Months Jail In False POCSO

In one more incident pertaining to the misuse of the POCSO Act, a woman from Almora, Nainital charged a 62-year-old man for sexually assaulting her eight-year-old daughter.  On April 2, 2018, the court called out the woman for a false case under POCSO Act and she was fined with Rs 15,000, along with three months of imprisonment for fabricating the charges.

The court in their order then stated that if the woman failed to pay the fine, she will be imprisoned for another month. She was sentenced under Sections 22 (1) and 22 (3) of Protection of Children from Sexual Offences Act (POCSO) 2012. Special Judge, POCSO court, Gyadendra Singh quoted,

Both the sentences shall run concurrently. Total fine imposed shall be paid to victim Tulanand Kala for his compensation and rehabilitation.

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The POCSO court gave its order after examining the charges and the statements of the witnesses including the minor girl. The woman filed an FIR against the man on October 13, 2017, citing that he had exploited her daughter at his shop in exchange for toffees and other eatables. It was found to be false by the court later. The court then stated,

This court should not hesitate to mention that on a false and fabricated case, a senior citizen aged about 62 years remained behind the bar for a long period. His business was ruined. His reputation was ruined. It was social death.

The order also added that if court keeps “mum” on it, the mother of the child and many such people misusing the provisions of the POCSO Act, may keep misusing it later as well.

After the false case was filed by the woman, a charge-sheet was filed by the investigating officer which later went into trial, and the mother and her elder daughter, denied any incident of sexual exploitation in their statements recorded during the court proceedings. The court noted,

There are two reflections of this false and fabricated case. First is the humiliation of Tulanand Kala, second is the victimisation of her own daughter. It is an irreparable loss to her daughter against her character and sexuality.

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The court also observed,

For perjury’ she is criminally liable under the provisions of the Indian Penal Code, whereas, in the second situation for reporting false and fabricated case against an innocent person, she is criminally liable under Section 22 of the POCSO Act.

Being a villager, she could not understand the implications of the POCSO laws.

The court had served notice to the mother of the child to explain filing a false case against the man.

Men’s Day Out firmly believes in absolute justice, be it to a female victim in genuine cases of sexual violence or absolute punishment to the female false accusers who misuse the law for vested interests. The day India brings a law with serious implications of filing false cases, no individual will dare to play with the system.

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http://voiceformenindia.com/in-the-law/madras-hc-comes-out-against-misuse-of-pocso-act/

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