In a landmark judgment, the Kerala High Court underscored the grave repercussions of false allegations of child sexual exploitation within marital disputes. The court emphasized the necessity for extreme caution in handling such accusations, especially in the context of custody battles.
Justice P. V. Kunhikrishnan presided over the case, which involved a father from Thiruvananthapuram, falsely accused under the Protection of Children from Sexual Offences (POCSO) Act. The allegations dated back to 2016, concerning his three-year-old daughter.
The High Court’s July 22 order highlighted the critical role of the judiciary in preventing unwarranted accusations against parents amidst custody disputes. The case was originally instigated by the mother’s claims, aiming to leverage her daughter as a tool against her husband. The court described the complaint as frivolous and baseless, pointing out the exploitation of the minor child in the parental conflict.
During the proceedings, it was revealed that the child, despite being coached to testify against her father, expressed a preference for him over her mother. This testimony contributed to the court’s decision to quash the prosecution, recognizing the father’s innocence and the manipulated nature of the allegations.
Justice Kunhikrishnan expressed his disturbance over the misuse of the legal system to malign an individual. He advocated for the disclosure of names of individuals who make such false allegations to protect the accused’s dignity but refrained from doing so to safeguard the child’s privacy.
The court also issued a directive to POCSO courts to meticulously review the facts in cases involving accusations of sexual abuse by parents. The judge stressed that while genuine allegations are serious, false claims can irreparably damage a person’s life, leading to social ostracization and emotional distress.
The ruling emphasized that false allegations in matrimonial disputes could lead to devastating consequences for all involvedโparticularly affecting the accused’s reputation, the child’s psychological well-being, and overall family dynamics.
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By quashing the proceedings against the father, the court aimed to restore his reputation and underscore the importance of integrity in legal proceedings involving child exploitation claims. The decision also resonated culturally, as Justice Kunhikrishnan referenced a popular Malayalam song that highlights familial bonds, underscoring the emotional context of the judgment.
