There have been several instances where the safeguards and the protective legislations have been misused by the women. Recently the Madras High Court also came across one such case where the prosecution has falsely implicated the respondents in a case of rape under the POCSO i.e. Protection of Children from Sexual Offences Act, 2012.
The Act was implemented with an intention to serve as a safeguard for the children who are being sexually exploited. Rather today the Act is being misused by people for their own selfish motives. In a case before the Madras High Court, the mother of a girl child made allegations against the girl’s own father of sexually exploiting the 11 year old.
The First Information Report (FIR) was lodged at All Women Police Station, Kilpauk and the matter commenced as per the provisions of the POCSO Act. The child was brought in and she was put to several questions in order to determine her mental condition and to ascertain whether she understands the situation at hand or not. Her statements were recorded as per the provisions of section – 164 of the Code of Criminal Procedure, 1973.
The matter was then brought before the Madras High Court wherein the child was again questioned and in both her statements she completely denied the happening of any such events as described by the prosecution in the FIR. On thoughtful consideration of the matter the Madras HC came to the conclusion that all the allegations put forth against the respondent were baseless, false and fabricated.
The matter was being heard and decided by Hon’ble Mr. Justice N Anand Venkatesh of the Madras High Court. Justice Venkatesh was highly agitated by this move of the prosecution since the entire case was maliciously filed with an intention to stab the respondent in the back. The entire agenda behind this prosecution was to diminish the standing of the respondent in the society and to get the custody of the 1 year old.
As per the facts of the case, the woman was living separately from the child and her husband. This case was a trick played by the woman in order to get the custody of the girl child to the mother. The mother also claimed that the child had become pregnant and they had to undergo an abortion procedure which was arranged by the way of native medicines. The Madras High Court in its findings observed all such allegations to be false and mala fide.
Justice Venkatesh was agitated by this move of the prosecution and directed the prosecution to not carry forward. He directed that the FIR filed against the respondent to be quashed and the case was to be dismissed. He further directed the police to proceed against the mother of the child for false accusations and file a case against her under section 22 of the POCSO Act.
Section – 22 of the POCSO deals with the punishment for any false complaint or false information. Under this section the punishment can extend upto 6 months or fine or both. The mother should face the consequences of the act that she has committed since she did not even care about the future of her own child, she must not be spared at all. At last Justice Venkatesh added that, "This case should be a lesson for all those who attempt to misuse the provisions of this Act, just to satisfy their own selfish ends."