Today, On 11th June, In a strong observation, the Supreme Court called the daughter’s accusations “shocking” and refused to quash the criminal case, citing the seriousness of the sexual assault allegations against the retired judge.
New Delhi: The Supreme Court on Wednesday declined to dismiss criminal proceedings against a former judicial officer accused of sexual abuse by his daughter, describing the case as “shocking.”
A Bench of Justices Prashant Kumar Mishra and Manmohan was reviewing a special leave petition filed by the accused, who challenged a Bombay High Court order from April 15 that refused to quash the charges against him.
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The petitioner’s counsel argued that the proceedings had devastated his client’s life and career, claiming they stemmed from a lengthy matrimonial dispute with his wife.
The counsel stated,
“This man’s entire life has been ruined starting with his matrimonial problems. This is clearly a counterblast. His father committed suicide,”
The Court indicated it was not interested in exploring the case’s background and stressed the gravity of the allegations.
It remarked,
“We don’t want to get into all this. Suicide may be because of the son’s actions. The daughter is making an allegation… It’s a shocking case. He is a judicial officer and these are serious allegations of incest! This is shocking. And the daughter has made the allegations. She must have been scarred for life. How can this be a case for quashing?”
The petitioner’s counsel contended that the allegations emerged years after the purported incidents and that the complainant wife was aware of them since 2014 but did not take legal action until 2019. It was also noted that the claims were absent from contemporaneous divorce and domestic violence proceedings.
However, the Court remained resolute, refusing to intervene with the High Court’s ruling and dismissing the petition while directing the trial Court to expedite the hearing.
The former judge faces charges under Sections 354 (assault or use of criminal force against a woman with intent to outrage her modesty) of the Indian Penal Code, as well as Sections 7 (sexual assault), 8 (punishment for sexual assault), 9(l) (sexual assault causing grievous hurt or injury), 9(n) (sexual assault of a child by a relative), and 10 (aggravated sexual assault) of the Protection of Children from Sexual Offences (POCSO) Act.
The first information report (FIR) was filed on January 21, 2019, in Bhandara, Maharashtra, with the allegations relating to events that allegedly occurred between May 2014 and 2018.
Although a chargesheet has been submitted, the charges have yet to be framed before the Special POCSO Court.
The petition claimed that the complaint was motivated by malice and was lodged four years after the alleged offences, coinciding with ongoing matrimonial disputes and a custody battle.
It argued that the daughter’s statement was manipulated and recorded only after the petitioner’s father committed suicide in December 2018, with the suicide note reportedly implicating the complainant and her family.
The plea also contested the High Court’s application of the statutory presumption under the POCSO Act, asserting that no foundational facts had been established and that the presumption could not arise at the pre-trial stage.
With the Supreme Court declining to quash the proceedings, the petitioner is expected to face trial in the POCSO Court.