A court ordered Delhi Police to file an FIR against a man for making his daughter lodge a false child sexual abuse case under the POCSO Act. The complaint was falsely made against his wife. The court found the case to be fabricated and motivated. Action was directed to ensure accountability for misuse of legal provisions.
New Delhi: The Saket District Court instructed Delhi Police to file an FIR against a man whose daughter made a false POCSO complaint against her mother, in-laws, and other relatives. This case falls under the jurisdiction of the Jaitpur police station in the South East District.
The court stated,
“It is high time that such litigants such as the father of the complainant, who misuse the provision of law to their own personal advantage, should be dealt with strictly and strict action is warranted against them,”
The court further noted that such litigants contribute to a general skepticism toward even legitimate cases.
Also Read: Delhi High Court: Pressing Minor’s Lips Without Sexual Intent Not POCSO Offence
Special Judge (POCSO) Anu Agarwal directed the SHO of Jaitpur to register the FIR and submit a compliance report by April 9. This directive came while the court was accepting a closure report submitted by Delhi Police in the POCSO case. The court referenced relevant legal provisions in its instructions.
Section 22(1) of the POCSO Act specifies penalties for false complaints or misinformation. It states that any individual who makes a false complaint or provides false information regarding an offence under Sections 3, 5, 7, and 9, with the intent to humiliate, extort, threaten, or defame, may face imprisonment for up to six months, a fine, or both. Section 22(2) clarifies that if a child has filed a false complaint, no punishment will be imposed on the child.
The Special Judge ordered on April 3,
“In view of the above observations, SHO PS Jaitpur is directed to register FIR under Section 22(1) of the POCSO Act against the father of the complainant. The compliance report shall be sent to this court forthwith,”
The court indicated that the records clearly show the complainant filed a false allegation at her father’s behest.
Also Read: “Minor Can Face Charges Under POCSO Act”: Kerala High Court
The judge expressed,
“The complainant went to the extent of dragging all her maternal uncles, maternal grandmother, maternal aunt and advocate in this case,”
It was evident that the false complaint was motivated by ongoing disputes between the families, the court added.
The court remarked,
“In the present case, the father of the complainant went ahead in filing a false complaint through the complainant against his in-laws. He did not spare even the advocate, who was representing his wife and in-laws in the cases against him.”
Also Read: Kerala HC Judge Critiques POCSO Court Conditions
The judge noted that the father pressured the complainant into filing a false complaint against her own relatives, highlighting that at the time of the complaint, she was a minor living with her father and had nowhere else to go. Although she was a law student and understood the consequences of her actions, she ultimately yielded to her father’s demands.
Special Judge Anu Agarwal emphasized that this case exemplifies how the complainant’s father misused the law to settle personal grievances and intimidate the advocate, who was merely providing professional services to his relatives.
The court underscored that advocates are considered Officers of the Court and should be able to represent their clients without fear of harassment, intimidation, or being implicated in false cases.
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