Idukki Court Acquits Man in POCSO Case After Age Proof Discrepancy
In a significant legal development, the fast-track special court at Kattappana in Idukki district has acquitted a man from Anavilasam Kanniakkal in a case registered under the Protection of Children from Sexual Offences (POCSO) Act. The verdict, delivered by Judge Manju V., found the accused not guilty of the charges brought against him by his wife.
Background of the Case
The case originated from a complaint filed by the accused's wife four years after their marriage, when the couple had a two-year-old son. At the time of approaching the police, the woman was 22 years old. In her statement, she alleged that she was only 17 years old when she left her parental home and began living with the accused. While she admitted that the physical relationship was consensual, she contended that since she was a minor at the time, it constituted rape under the POCSO Act.
Key Evidence and Court Findings
During the trial, the defense presented crucial evidence that overturned the prosecution's claims. Birth records from the Uthamapalayam municipality were produced, showing that the woman had completed 18 years of age two days before she went with the accused. The deputy tahsildar was examined as a defense witness, and the birth register confirmed that she was a major at the relevant time, thereby negating the applicability of the POCSO Act.
The court observed that the police had failed to conduct a careful and proper investigation before registering the POCSO case. This lack of diligence was highlighted as a critical flaw in the prosecution's approach.
Alleged Retaliatory Motive
The defense argued that the POCSO case was filed with a retaliatory motive. It was pointed out that six months prior to the filing of this case, the accused was allegedly assaulted and stripped by the complainant, her mother, uncle, and aunt, resulting in a fracture. A case in connection with this assault incident had been registered by Upputhara police and is currently pending before the judicial first class magistrate court in Kattappana.
The defense contended that the POCSO case was initiated only after the accused refused to withdraw the assault case, suggesting it was an attempt to pressure him into dropping the charges against the complainant and her family.
Post-Acquittal Actions
Following the acquittal, defense counsel Jobi George announced that steps would be taken to seek compensation of Rs 50 lakh from the complainant, her mother, and the investigating officer. Additionally, the defense plans to pursue the assault case to its logical conclusion, emphasizing the need for justice in that matter.
This case underscores the importance of thorough investigation and the critical role of documentary evidence in legal proceedings, particularly in sensitive matters involving allegations under the POCSO Act.
