POCSO Courts Must Be Vigilant Where Mother Embroiled In Custody Battle Accuses Father Of Sexually Abusing Child: Kerala High Court

In this case, the wife, had accused her husband of sexually harassing their 3-year-old daughter. The couple was also engaged in an ongoing marital dispute to get the child's custody.

Justice P.V.Kunhikrishnan found that the complaint made by the mother against the petitioner was false and frivolous to get the child's custody. It stated that making false allegations of child sexual exploitation by the father due to matrimonial disputes causes emotional distress for the accused, child and other family members. The Court held thus:

I am of the considered opinion that the POCSO Courts which try cases like this in which an accusation of sexual abuse is made against the father of the minor child, especially when there is a custody dispute, the court should look into the facts again and again before deciding the cases… these types of cases should be dealt with very seriously because if the allegations are correct, that is serious; but if the allegations are false, a man is crucified without any substance and he will be defamed in the society because of such allegations. Therefore, it is the duty of the court to see that there is no false allegation against parents especially when there is a dispute regarding the custody.

The Court further directed the investigating officers to investigate and take appropriate action under Section 22 of the POCSO Act (punishment for false complaint or false information) against the complainant who makes false accusations.

“All the POCSO Courts should take appropriate steps in this regard if it is found that there is any false complaint or false information submitted by the complainants. If the POCSO Court found after trial that there is substance in the case of the accused that it is a false accusation, the POCSO Court should direct the Police authorities to register a case under Section 22 of the POCSO Act and proceed in accordance with the law.”

Background Facts

The mother (complainant) alleged that her husband (petitioner) sexually abused their 3-year-old daughter when he visited them. It is her case that the petitioner licked and touched the private parts of their minor child. Thus, crime was registered against the petitioner based on the statement of the mother for allegedly committing offences punishable under Sections 3, 4 and 5(l) of the POCSO Act and Section 23 of the Juvenile Justice Act. The petitioner has approached the High Court aggrieved by the FIR and Final Report filed against him.

Observations

Upon analyzing the FIR and Final Report, the Court observed that the mother's allegations appeared questionable. The Court noted that although the mother claimed to have discovered evidence of sexual abuse on the child's private parts in April 2015, she did not file the complaint until July 2015. Additionally, the Court found it suspicious that the name of the gynecologist who examined the child was not disclosed. The Court further found that the medical reports do not suggest any injury on the child.

The Court stated that matrimonial disputes are leading to registration of several cases between the parties. It noted that this is a case where a mother was using 3-year-old child as a weapon to fight against her husband. The Court also observed that the mother filed her complaint alleging sexual abuse only after the husband filed a complaint before the police stating that his child was missing.

The Court also referred to the case study report of the minor child submitted by the Childline officials on interacting with the child. The Report mentioned that the child was happy and indicated that the mother was unhappy with the child's attachment towards her father. The Report concluded that the allegations against the petitioner were wrong accusations deriving from distorted perception of the mother.

Referring the child's statement under Section 164 CrPC, the Court noted that despite repeated tutoring to make false allegations, the child told the Magistrate she loves her father more than her mother.

The Court relied upon XXX v State of Kerala (2024) to state that wives often misuse provisions of POCSO Act to take vengeance in matrimonial disputes and to deny the child's custody to the father.

The Court observed that false allegations against the father, custody battles causes psychological impacts on the child. It said, “When the child is grown up and becomes major, the records of the case may be available to her. It will be an embarrassing situation. False allegations against the father of the child at the instance of the mother can create a ripple effect, damaging community interest and relationships. All parties involved may experience lasting psychological and emotional scars. It is essential to approach such situations with sensitivity, prioritizing the child's well being and seeking support from professionals such as counsellors, social workers or law enforcement agencies to ensure a fair and just resolution.”

The Court empathized with the agony of the petitioner who was falsely accused of sexually abusing his own minor daughter and quoted a film song by Kaithappram Damodaran Namboothiri depicting love between a father and child, “Such a loving father is prosecuted by the mother of the child alleging serious allegations of the POCSO Act. These types of culprits' names should be disclosed to the public, so that the man who was defamed because of their complaint could stand before his child and society with dignity. But considering the privacy of the child I refrain from doing so.”

In the facts of the case, the Court quashed proceedings against the petitioner. It also directed the investigating officer to investigate and take appropriate action against the complainant for lodging a false complaint against the petitioner.

Counsel for Petitioner: Advocate P Vinodkumar

Counsel for Respondents: Advocate Sindhu, Public Prosecutor Sangeetharaj N R

Citation: 2024 LiveLaw (Ker) 484

Case Title: XXX V State of Kerala

Case Number: CRL.MC NO. 5582 OF 2016

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