The Madras High court found two people responsible for creating a false complaint by three young girls against their taekwondo teacher because of personal grudges.
Chennai: Justice N. Anand Venkatesh in Madras High Court has instructed the police to prosecute two individuals for falsely accusing a taekwondo coach of sexual misconduct and initiating a case against him under the Protection of Children from Sexual Offences (POCSO) Act, 2012.
Madras High Court directed the Inspector of Perambalur, All Women Police Station to file charges against Aravind and Pradeep under Section 22(1) of the POCSO Act for prompting three minor girls to file a false complaint against N. Dharmarajan due to personal vendetta.
Section 22 of POSCO Act, 2012 – Punishment for false complaint or false information
(1) Any person, who makes false complaint or provides false information against any person, in respect of an offence committed under sections 3, 5, 7 and section 9, solely with the intention to humiliate, extort or threaten or defame him, shall be punished with imprisonment for a term which may extend to six months or with fine or with both.
(2) Where a false complaint has been made or false information has been provided by a child, no punishment shall be imposed on such child.
(3) Whoever, not being a child, makes a false complaint or provides false information against a child, knowing it to be false, thereby victimising such child in any of the offences under this Act, shall be punished with imprisonment which may extend to one year or with fine or with both.
However, Justice Venkatesh clarified that under Section 22(2), if false information is provided by a child, no punishment shall be imposed on the child. Consequently, he ordered prosecution only against Aravind and Pradeep for inciting the three children to file the false complaint.
During the hearing of Mr. Dharmarajan’s petition to dismiss the case against him under the POCSO Act and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Justice Venkatesh summoned the three alleged victims for a private session.
“They all stated that Aravind and Pradeep were instrumental in giving the false complaint against the petitioner,” the judge noted. “They 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.”
The judge emphasized that the girls had provided similar statements before a judicial magistrate under Section 164 of the Code of Criminal Procedure. Regrettably, Mr. Dharmarajan had to close his Taekwondo academy due to the false accusation.
After dismissing the case against Mr. Dharmarajan, Justice Venkatesh commended the sincerity and honesty of the three girls, who stood by their taekwondo coach.
“These girls have virtually given a new lease of life to the petitioner who has now come out clean,” he remarked. “He can lead his life without the taboo of being branded as a sexual offender.”
Case Title: N.Dharmarajan v. State and Others
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