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Synopsis

In an unprecedented development, Justice N. Anand Venkatesh of the Madras High Court recently directed the police to pursue legal action against two individuals who falsely implicated a taekwondo coach in a case under the Protection of Children from Sexual Offences (POCSO) Act.

Court found these two persons namely Aravind and Pradeep guilty of orchestrating a misleading complaint by three minor girls against the coach due to personal animosity.

Justice N. Anand Venkatesh ordered the Inspector of Perambalur All Women Police Station to charge Aravind and Pradeep under Section 22(1) of the POCSO Act.

Justice Venkatesh noted that when he individually examined the three alleged victim girls, all of them categorically stated that the taekwondo coach was as man of good nature and he never indulged in any sexual abuse with any other girl students.

When he asked the girls as to why they acceded to the request made by the said Aravind and Pradeep and gave the complaint against their teacher, the girls said that those two persons repeatedly told them that every time the teacher touched them during coaching, it was a bad touch and that he had sexually abused other girls also.

The girls further stated that they did not even know as to what was written in the complaint and they were merely asked to sign the complaint.

It is to be noted that Section 22(1) of the POCSO Act stipulates a maximum penalty of six months imprisonment, a fine, or both for those disseminating false information related to child sexual assault with the explicit intent to humiliate, extort, threaten, or defame the accused in the complaint under the Act. However, Section 22(2) exempts children providing false complaints from punishment.

Consequently, court ordered the legal action only against Aravind and Pradeep, the instigators behind the fabricated complaint made by the three minors.

The order was passed in a plea moved by the taekwondo coach seeking direction to quash the case filed against him under Sections 7, 8, 21(1) of the POCSO Act and Sections 3(1) (xi) and 3(1) (xii) of SC /ST (Prevention of Atrocities) Act, 1989.

Having dismissed the case against the taekwondo coach on the ground that it was grounded in falsehood, the judge commended the sincerity and truthfulness of the three girls.

He expressed gratitude for their role in restoring the taekwondo coach's reputation, enabling him to live without the stigma of being wrongly labeled a sexual offender.

Case Title: N.Dharmarajan v.  State and Others