A court in Kerala has ordered legal action against a woman for compelling her minor daughter to raise fake sexual assault allegation against the child’s father and his friend.
The misuse of the law to settle personal scores between the couple has not even spared children. Young minor girls are often coaxed by disgruntled mothers to allege false cases against their own fathers, as this seems to be the easiest way to get rid of men from their lives.
Case:
- The alleged incident took place at Pandalam in Pathanamthitta district of Kerala
- The woman and her husband were staying separate for the last three years
- The couple has having two children
- While one of their children stays with the father, the other child stayed with mother
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- About two years back, the woman lodged a petition with the district police women cell accusing her husband and one of his friends of sexually abusing the daughter who was living with her
- Since the girl was aged around 10 at the time of the alleged incident, the police immediately registered a case under the POCSO Act
- The child also gave a statement similar to her mother’s complaint to the police
- The police subsequently arrested the father and his friend and filed charge sheet against the two
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However, in a turn of events, during the trial of the case on Thursday before a POCSO special court in Pathanamthitta, the child revealed to the court that the allegations were fake. She also affirmed that she was instead compelled by her mother to give the fake sexual allegation statement against her own father and his friend.
Considering this, the court acquitted the accused and directed the Pandalam police to register a fresh case against the mother for giving the fake complaint. Police sources said that a case under relevant sections of the POCSO Act would be registered against the woman for making fake allegations.
However, arrest of the woman who filed or forced her daughter to file a false case is rare. In most similar cases, all that a man gets is acquittal with no consequences whatsoever on the false accuser.
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These cases seemed to be shocking few years ago, however, the rampant misuse of POCSO and other women centric laws is nothing but a blot on genuine sufferers. Infact, these cases must be strictly dealt with by the women NGOs themselves, to ensure rape and other cases do not turn out to be a mockery in future for every other woman.
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http://voiceformenindia.com/in-the-law/madras-hc-comes-out-against-misuse-of-pocso-act/
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