Father accused of molesting minor son acquitted due to inconsistent testimonies [Read Judgement]

New Delhi: In a significant ruling, the Dwarka Court in New Delhi acquitted X, who had been facing charges under Section 10 of the Protection of Children from Sexual Offences (POCSO) Act. The verdict, delivered by Additional Sessions Judge Vinod Kumar Gautam, concluded a case that began with serious allegations of molestation against the accused by his minor son.

The case was instituted on November 21, 2022, following a complaint filed by the childs mother on October 15, 2022. According to the complaint, X had allegedly molested his son, leading to the registration of FIR at Dwarka South police station. The trial commenced with the prosecution presenting testimonies from the child victim, his mother, and the investigating officer.

The child victim, in his testimony, alleged that his father had inappropriately touched him on multiple occasions under the pretext of there being a lizard or fish in his pants. His statements were recorded under Section 164 of the Criminal Procedure Code, where he reiterated these allegations. His mother supported his claims, stating that the child would often become irritable and cry after visiting his father. She testified to witnessing inappropriate touching and filed a complaint accordingly.

During the investigation, W/SI Jyoti, the investigating officer, confirmed the verification of the allegations and the recording of statements. However, during cross-examination, several inconsistencies emerged in the childs account, raising doubts about the reliability of his accusations.

The defense argued that the charges were fabricated due to an ongoing matrimonial dispute and custody battle between the accused and the childs mother. The accused provided evidence, including photographs and financial records, to demonstrate his care and affection for his son. He maintained that the allegations were a tactic by the mother to gain an advantage in the custody case.

Judge Vinod Kumar Gautam noted the inconsistencies in the child victims statements and the lack of corroborative evidence from independent witnesses. The court observed that the alleged incidents took place in a childrens room at the Dwarka Court complex, a setting where other parents and the Incharge of the room were present. However, none reported any misconduct by the accused. The judge also pointed out the possibility that the childs statements might have been influenced by the contentious custody proceedings.

In his ruling, Judge Gautam stated, The testimony of the child victim appears to be unreliable due to inconsistencies and lack of corroboration. The prosecution has not been able to establish the charges beyond reasonable doubt.

Following the acquittal, the accused furnished fresh bail bonds of Rs. 10,000 each under Section 437(A) CrPC, which will remain in force for six months. The case file has been consigned to the record room.

This verdict underscores the challenges in prosecuting cases under the POCSO Act, highlighting the critical need for reliable evidence and the potential impact of personal disputes on legal proceedings.

[Read Judgement]