POCSO law being misused in matrimonial cases to settle scores: Kerala High Court
The Kerala High Court has ruled that the POCSO Act is being misused to settle personal scores in matrimonial disputes, and courts must scrutinize claims of false implication against the evidence on record. The court quashed the conviction of a man who was found guilty of sexually assaulting his stepchild, finding serious doubts in the prosecution's case.
The man, the stepfather of the child, was accused of sexually assaulting her between late 2014 and 2018, after which she reported the allegations to the police in January 2020 when she turned 18. The trial court convicted him and sentenced him to 40 years' rigorous imprisonment and a fine, but the high court set aside the conviction and sentence and released the accused.
The court noted inconsistencies in the timeline of the alleged incidents and the failure of the child to disclose the alleged acts during a period when she was in Kuwait with her mother. Despite medical evidence suggesting sexual assault, the court found that such evidence alone could not prove the accused's guilt beyond reasonable doubt.
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