The Kerala High Court has overturned the conviction and 60-year prison sentence of a man accused of sexually assaulting his stepdaughter, observing that provisions of the Protection of Children from Sexual Offences (POCSO) Act are increasingly being exploited to settle personal grievances during matrimonial conflicts.
Setting aside the trial court ruling, Justice A Badharudeen ordered the immediate release of the accused after concluding that the prosecution failed to establish his guilt beyond a reasonable doubt.
Judicial Scrutiny in Matrimonial Discord
In an order issued on August 14, the High Court emphasized that false accusations under the POCSO Act are frequently leveled against spouses or stepfathers during marital breakdowns. The court noted that such allegations are sometimes used as leverage to exert emotional pressure, instill fear, or deny child custody rights in family court proceedings.
Justice Badharudeen stated that trial courts maintain a duty to carefully examine the record for potential false implications, particularly when marital discord forms the central defense of the accused.
Overturned Trial Court Verdict
The ruling resolves an appeal against an October 18, 2023 conviction by a trial court. The lower court had sentenced the stepfather to 40 years of rigorous imprisonment and a fine of Rs 1 lakh under Section 6 read with Section 5(n) of the POCSO Act for aggravated penetrative sexual assault in a domestic relationship.
Additionally, the trial court imposed a consecutive 20-year sentence and a second Rs 1 lakh fine under Section 6 read with Section 5(l) of the Act for repeated assault.
Timeline Discrepancies and Evidence Gaps
The alleged assaults took place between late 2014 and 2018 at the family’s residence, but the complainant did not file a police report until January 13, 2020, after reaching 18 years of age.
Upon examining the evidence, the High Court highlighted critical contradictions in the prosecution’s timeline. While the complainant stated the incidents occurred between 2014 and 2018, medical records documented the alleged abuse as spanning from 2015 to January 2019. Furthermore, the prosecution failed to provide specific dates for any of the alleged events or detail specific overt acts during statements before the magistrate.
Unmentioned Abuse and Motive Concerns
The court also noted key circumstances that cast doubt on the accusations. During a month-long trip to Kuwait in 2019 with her mother—a period when the stepfather was absent—the complainant failed to mention any abuse. Another witness similarly testified that the complainant had never disclosed allegations of assault.
In addition, the defense pointed to interpersonal friction prior to the complaint. The accused had previously accessed the complainant’s private text messages with a partner and shared them with her mother, leading to the termination of that relationship.
Medical Findings Insufficient for Conviction
While a medical examination revealed physical indicators consistent with a history of sexual assault, the High Court held that clinical findings alone could not link the stepfather to the acts without supporting factual evidence.
Finding the prosecution’s case burdened by significant doubt, the High Court ruled that the benefit of the doubt must be granted to the appellant, setting aside both the conviction and the sentences.
