Wife uses POCSO to frame husband, false ‘child rape’ case

In the absence of a proper system of checks and balances the ‘Protection of Children from Sexual Offences (POCSO) Act’ is being blatantly misused and used as a tool in settling scores. The police, it seems, are too happy to go for publicity, instead of investigating the facts of the matter.

A Delhi court has acquitted a man of the charge of raping his nine-year-old daughter after his wife admitted in the court that she had registered a false rape complaint against him to teach him a lesson.

The court granted the relief to southwest Delhi resident Amarjeet noting that his wife did not support the case of the police during the course of trial.

An FIR was registered against Amarjeet in Dabri police station on the basis of the statement of his wife. She had alleged that on July 6, 2014, around 5.30 pm, she had gone in the neighbourhood leaving behind her husband and daughter in the house. When she returned, she found that her husband had disrobed their daughter and was trying to rape her. Following her complaint, Amarjeet was arrested. He pleaded not guilty and claimed trial.

The wife, however, told the court that ‘as the accused Amarjeet quarrelled and beat her and her child in an inebriated condition, she lodged a complaint against him to teach him a lesson.’

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The daughter, appearing as a witness in the court, said that on the date of the incident, her father had returned home under the influence of alcohol and beat her mother. So her mother registered the complaint. The girl refused that her father had removed her clothes and tried to rape her.

During her medical examination, no external injury was found on her. Her internal medical examination could not be conducted as her mother refused for it.

The girl’s brother, another witness, also did not support the case of the prosecution. He admitted in the court that his father had not committed any wrong act with his sister.

“For the failure of the material witnesses to support the case of the prosecution, it is evident that the prosecution has miserably failed to bring home the guilt of the accused,” said the court.

Amarjeet was acquitted of the offence under Section 18 of the Protection of Children from Sexual Offences (POCSO) Act.


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