Picture used for representational purpose only

CHENNAI: A woman who had lodged a false complaint that her estranged husband was sexually assaulting their 11-year-old daughter now faces imprisonment and/or fine under the Protection of Children from Sexual Offences (Pocso) Act.

“This case should be a lesson for all those who attempt to misuse the provisions of the Pocso Act, just to satisfy their own selfish ends,” Justice N Anand Venkatesh of the Madras high court said on Tuesday, while quashing the criminal case against the husband, and recommending initiation of criminal proceedings against the wife under Section 22 of the Pocso Act. If convicted she could be jailed for up to six months and also made to pay a fine.

In 2018, the man had rushed to the high court seeking anticipatory bail, apprehending arrest in connection with a complaint by his estranged wife saying he was raping their daughter. She alleged that the girl become pregnant and it had been terminated by adopting ayurvedic means. Shocked by the nature of the complaint, Justice Venkatesh held inquiry with all concerned and concluded that the complaint was false.

He accordingly granted anticipatory bail to the man. The present petition by the husband is to quash the case filed in 2018.

When the plea came up for hearing, the judge said the court had categorically found that it was a false complaint lodged by the wife with an ulterior motive to threaten the man and take custody of the children.

Noting that it is unfortunate that the woman had gone to the extent of casting aspersions against the man as if he had an ‘illicit relationship’ with his own daughter, the judge said: “This case has shocked the conscience of this court and it is unbelievable that the mother, just for the sake of taking custody of her child, can go to the extent of making such serious allegations against her husband.”

The judge then observed that there were instances when the attention of this court was drawn to similar such incidents, where false complaint were given as if the husband has committed an offence under Pocso Act against the daughter and it was informed to this court that such cheap tactics are adopted in family court cases, just to arm-twist the husband and make him fall in line.

“This court was not willing to believe that such instances can happen, but this case is an eye-opener for the court. This court was made aware the extent to which Pocso Act can be misused,” the judge said.

(The victim's identity has not been revealed to protect her privacy as per Supreme Court directives on cases related to sexual assault)

Read this story in Bengali

