HC directs action against woman for misusing Pocso Act

Justice N Anand Venkatesh, while quashing the FIR filed against one N Chandramohan, based on a complaint lodged by his wife C Shakunthala, linking him with his daughter, 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 children, can go to the extent of making such serious allegations against her husband by alleging that he is having physical contact with his own daughter.”

The woman had complained to the Kilpauk police in 2018, saying that she was married to Chandramohan in 2003 and out of the wedding, two girl children were born to her. The elder one is now 11 years while the younger is nearing 2. She asserted that there was an illicit relationship between the father and the elder daughter, who became pregnant but it was terminated by giving native medicine. She stated that due to the problem, she removed both the girls from her husband’s custody and handed them over to the Government Home.

However, the victim girl, while deposing before the court on two occasions which included the anticipatory bail plea moved by her father, narrated the entire incident and said that her mother, in a bid to take her and her sister in custody, has made up a false story against her father. She also informed the court that she and her younger sister wished to be with their father.

Justice Anand Venkatesh, on observing that the child concerned was able to express herself very clearly before this court as well as the family court, held, “The mother, even without caring for the future of her own daughter, has proceeded to give a complaint alleging illicit relationship between her husband and daughter just to make her husband fall in line and to get the daughters into her custody.”

Also, noting that this is the worst type of false prosecution a courtcan ever encounter, the judge further held, “In the considered view of this court, the mother should not be let off and she should be made to suffer the consequences for having given a false complaint against her husband at the cost of her own daughter.”

Based on this, he directed the Kilpauk All Women Police to immediately proceed against the mother under Section 22 of the Pocso Act for having given a false complaint and act action against her in accordance with the law.”

“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, Justice Anand Venkatesh added.