While dealing with a POCSO case where a father was accused of molesting his minor daughter, the Kerala High Court observed that false allegations of child molestation particularly against a parent can have a dangerous impact on the accused.
A division bench of Justice K Vinod Chandran and Justice C. Jayachandran acquitted the accused. The order came in an appeal filed by the man who was convicted by the trial court for molesting his daughter.
He was booked upon his minor daughter accusing him of repeatedly sexually molesting and even committing penetrative assault on her. His wife, the girl's stepmother, claimed that the child had narrated the ordeal to her and thereafter a complaint was registered with the police.
Advocate Sai Pooja challenged the conviction on several compelling grounds, particularly due to the prosecution's failure to produce vital documents before the Court.
Moreover, the medical evidence did not reveal any injury to genitals and there was absolutely no evidence of a penetrative sexual assault.Additionally, it was argued that there were clear discrepancies in the testimonies of the child and her stepmother themselves.
The court agreed that there are inconsistencies and discrepancies in the accusation and the testimonies proffered before Court.
The Court also recorded that the evidence from the medical examination also showed no proof of any penetrative assault. Further, it found that the testimonies in the instant case warranted further corroboration.
Accordingly, the conviction of the appellant was set aside and he was set at liberty.
