POCSO Act Being Misused in Custody Disputes: Kerala High Court Takes a Stand
The Kerala High Court quashed false sexual abuse charges filed under the POCSO Act amidst a custody dispute. An investigation revealed inconsistencies in the child's statements, suggesting coaching by the mother.
Fri, 02 Aug 2024
In a recent ruling, the Kerala High Court has quashed false sexual abuse charges levelled against a father by his own daughter's mother. The complaint was filed under the Protection of Children from Sexual Offences (POCSO) Act, 2012, amidst a custody dispute between the couple.
According to court records, the mother had accused the father of sexually abusing their three-year-old daughter, alleging inappropriate touching. However, an investigation by Childline, Thiruvananthapuram, revealed inconsistencies in the child's statements, suggesting that the mother might have coached her to provide certain details.
POCSO ACT BEING MISUSED IN CUSTODY DISPUTES : KERALA HIGH COURT
— Deepika Narayan Bhardwaj (@DeepikaBhardwaj) August 2, 2024
False sexual abuse charges levelled against father of his own daughter, concocted by mother to gain advantage in Custody Dispute Quashed
High Court emphasized Need for Careful Investigation in POCSO cases arising… pic.twitter.com/uRPefJeYzl
A medical examination of the child also found no signs of sexual abuse.
The court observed a delay in filing the complaint and questioned the mother's failure to disclose the name of the gynecologist who treated the child. The court concluded that the complaint was frivolous and motivated by a desire to gain custody of the child, emphasizing the severe consequences of false allegations in matrimonial disputes.
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