A Delhi court has said it cannot prosecute a minor girl for lodging false rape case against her relatives due to a bar in the law for protection of children from sexual offences.
The court relied on the statement of the 17-year-old girl that she had made false allegations against the accused and said the prosecution has also failed to prove any charge against the girl’s aunt and two uncles, as it acquitted them in the case.
“In light of evidence of child victim, prosecution has not been able to prove any of the charges against the accused persons…
“Before parting with this judgement, I would also like to observe that although it has come on record that the child victim has deposed falsely in this case against the accused persons but still she cannot be prosecuted for giving false evidence in the light of bar contained in Section 22(2) of POCSO Act,” Additional Sessions Judge Vikas Dhull said.
The section of the Protection of Children from Sexual Offences (POCSO) Act says that in a situation where a false complaint has been made or false information has been provided by a child, no punishment shall be imposed on the child.
The court acquitted the man, his wife and brother, all residents of Dwarka area of South Delhi, of various charges including abetment to rape, wrongful confinement, causing hurt to the girl of the IPC and committing penetrative sexual assault under POCSO Act.
The girl had lodged an FIR at Dwarka South Police Station in April 2013 alleging that she was beaten and abused by her aunt and was raped by one of her uncles. She had also alleged that her aunt had abetted her rape.
The court, however, noted that the girl did not support the allegations made in her police complaint and a magistrate.
The girl deposed in the court on April 27, 2013 that she was beaten up by her aunt and she had informed about it to one person on phone who had asked her to lodged a false FIR against the three relatives.
She accepted in the court that she had lodged a false rape case against her relatives at the instance of that person, saying she was neither wrongfully restrained, nor was she raped.
The court said the girl’s evidence did not support any of the charges and she was tutored by that person to make a false complaint against the accused.
“It is proved on record that no such offence ever took place with which accused persons have been charged in this case. The refusal of medical examination by the child victim also supports the fact that the allegations were false and that is why she had refused to undergo medical examination,” it said.