Iterating that false allegation of rape causes equal distress, humiliation & damage to the accused, a special Pocso Court acquitted a 52-year-old man who has spent over 2 years in jail after his neighbour accused him of sexually assaulting her two minor children.
The Court found high probability in the defence of the accused that the woman, who was a close family friend, was afraid he would inform her husband, who was working abroad, about her proximity to another man. The accused, a “rakhi brother” to the woman, & his wife had advised her to distance herself from the man as rumours about their relationship were damaging her reputation.
Referring to statements made by the children in Court, the Judge said it was clear they were trotting out what the mother had told them.
The Court said that “She has used tactics of using hot spoon touch to control them. She also becomes hyper often, she keeps crying often. She has blood pressure problem & has scared the children by constant crying. The children therefore, due to love for the mother are bound to act as per her say".
The Court also said medical evidence didn't corroborate the mother’s version.
The accused, a father of 2, was arrested on July 18, 2018. The woman said they were neighbours for several years, & while she took tuitions, the children would go to the accused’s house to watch television. She said on July 17, 2018, her daughter came home & told her the accused had sexually abused her. When the girl’s statement was being recorded, her brother’s sexual abuse came to light. The accused denied allegations.
The Court found on the day of the alleged incident, the minor girl had refused to part with the television remote & the accused grabbed it when she was lying on it.
The Court said, “The touch to her in this background is not sexual".
Source Link
Picture Source :
