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Synopsis

The Kerala High Court has granted bail to two men who were falsely accused in a POCSO case by their minor cousin sister. The court also directed the state government to implement guidelines to prevent the misuse of provisions under the POCSO Act.

Justice C S Dias allowed the bail applications moved by the 19 and 20-year-old men, who were accused of committing offences including rape, sexual assault and outraging the modesty of a woman under the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) Act.

The petitioners, who were arrested and detained in judicial custody since May 30, 2024, submitted affidavits from the victim and her father, stating that disputes between the parties have been settled. The victim, aged 17, also admitted to filing a false case against the petitioners out of anger for objecting to her love affair.

The court noted that the present case demonstrates how provisions of the POCSO Act were misused to implicate innocent persons in false cases. The court observed : “Undoubtedly, the POCSO Act is a revolutionary legislation that is enacted to secure the safety, security, and protection of children. The stringent punishments prescribed for offences committed under the Act have served as a deterrent and have notably reduced the number of offences against children. However, in recent times, there have been instances of misuse of the legislation, as evidenced in the cases on hand. Such misuse not only undermines the intention of the legislation but also poses a serious threat to the integrity of the justice delivery system.”

The court referred to previous decisions, highlighting the increasing number of false child sexual abuse cases filed against family members by misusing the POCSO Act. Citing the case of ‘Suhara and Others v. Muhammed Jaleel’, delivered by the division bench of the Kerala High Court, the court noted “there is a growing tendency in recent years to foist false crimes against the biological father alleging sexual abuse of his child by misusing the provisions of the POCSO Act, particularly in custody matters pending resolution before the Family Courts.”

The court also highlighted that a similar situation occurred with the misuse of Section 498A of the IPC, as addressed in the Supreme Court case ‘Arnesh Kumar v. State of Bihar’, wherein the apex court established comprehensive guidelines for the arrest of accused individuals in response to widespread misuse. It emphasised the need for caution and prudence before arresting an accused based on a complaint by blood relatives and family members of a minor victim.

“The present cases serve as a reminder to all stakeholders involved in the judicial process, to exercise due caution, prudence and diligence prior to arresting an accused, especially, blood relatives and family members of a minor victim, who in a moment of an emotional turmoil, may make unfounded allegations against her own family members without fully realising the implications, gravity and seriousness of the action. In such sensitive cases, it is imperative that all stakeholders, including the Courts and the Police, approach the matter with sensitivity, care and caution before resorting to extreme steps in the matter,” the court stated.

As a result, the court allowed the bail application stating that “In the peculiar facts and circumstances of the case, and on considering the unequivocal statement of the victim, that the petitioners are innocent in the crimes, I am convinced and satisfied that the petitioners have made out valid grounds to enlarge them on bail.”

The court further directed the Investigating Officer to consult with the District Probation Officer to take the petitioners to an expert for counselling.

 

Cause Title : XXX v State of Kerala [BAIL APPL. NO. 5168 OF 2024, BAIL APPL. NO. 5425 OF 2024]