NEW DELHI: A school workshop on do’s and dont’s for a woman child when faced with molestation gave guts to a student receive justice by a court for herself and to move law enforcement against an abusive father, her sister and mother.
Not able to find a case registered as a result of authorities to stop her father them, the 17-year-old lodged a FIR of molestation.
Despite this, the court lauded the woman’s guts to approach law enforcement against her father and frankly showing the true reason behind levelling the severe charge of molestation in the hope of acquiring some respite by the father who was able to beat up them after becoming drunk.
The court mentioned that since no actions was being taken by the police despite repeated complaints, the woman had confessed to lodging a case.
In addition, it noted that she had learnt at a workshop within her school regarding the seriousness of this offence of molestation.
“A perusal of this residue of the prosecutrix (woman) would reveal that although she admitted having written the complaint at the police station at the existence of her mother, she deposed that she has lodged a fictitious case of molestation after a workshop had been organised within her school at which it was advised which molestation cases are taken seriously.
“She deposed that her father was abusive and used to beat her mother in a drunken state and the police were not taking any actions against him despite their continuing complaints,” the court noted.
The girl told that any action is taken against her father that on understanding which molestation cases are taken seriously, she lodged a complaint to the police.
“In fact no such incident of molestation, as alleged by her complaint and her announcement recorded, had taken place,” Additional Sessions Judge Kaveri Baweja observed.
The man was acquitted of the charges of molestation below the IPC and sexual harassment under Protection of Children against Sexual Offences (POCSO) Act, but held guilty of the offences of assaulting and threatening his wife and two minor daughters.
The woman won the core of the judge who said it was her “sheer helplessness” on observing her mother’s plight which drove her to make these allegations.
The father has been released with a direction to maintain good conduct for one year to a bond of Rs 25,000 with a surety of like amount on probation.
“The absolute helplessness of the girl on seeing the plight of her mother drove her to level allegations of molestation against her own father, in the hope they would receive a respite upon intervention from law enforcement,” the judge said.
“It has to be borne in mind that the kid gathered courage to approach law enforcement and deposed about the sufferings of her mother and honestly said to the court the true reason for the acute allegations of molestation against her father.
“In these conditions, I find the charge of the witness has been completely repainted as a whole and also her deposition in terms of the allegations of beatings and criminal intimidation at the hands of the own father cannot be completely lost and has to be given due weightage despite the fact the prosecutrix and her mother were both declared hostile witnesses from the prosecution,” the judge said.
The prosecution said the woman and her mom had approached the police alleging that at the night of August 15-16, 2015, her father endangered and had molested her.
But during the proceeding before the court, she resiled out of her announcement and deposed her father was abusive and used to beat against her mom and the police wasn’t taking any actions against him.
The mother of this woman said on August 15, 2015 and also deposed on similar lines, when her husband beat her and was drunk , her daughter came there and pushed him, after which he started abusing both of them.
“From the facts of the current case, it hence emerges the kids and the spouse of the accused were being abused by him both emotionally, emotionally and emotionally, if not sexually, as alleged by the woman initially.
“In the light of this said evidence, I find the offence punishable under sections 323 (voluntarily causing hurt) and 506 (criminal intimidation) of IPC have been proved to have been perpetrated by the accused,” the judge said.
Throughout the trial, the accused denied the allegations and claimed his own daughter falsely implicated him as the battle between him and his spouse upset her.