“Calcutta High Court Takes Action Against False POCSO Case, Initiates Inquiry into Political Coercion”.
September 27, 2024 2025-03-01 22:56“Calcutta High Court Takes Action Against False POCSO Case, Initiates Inquiry into Political Coercion”.
“Calcutta High Court Takes Action Against False POCSO Case, Initiates Inquiry into Political Coercion”.
Tanvi Mehta.
In a significant ruling, the Calcutta High Court has taken a strong stance against the misuse of the Protection of Children from Sexual Offences (POCSO) Act, 2012. The case, which began as a bail application for three men accused of rape, has exposed a troubling instance of false allegations made under political pressure. Three men were charged with raping a minor girl and arrested and charged under Sections 341/376D of the Indian Penal Code and Sections 4/6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. After the accused had spent nearly a year in judicial custody, the case took an unexpected turn during a bail hearing on June 13, 2024. The complainant, who is the mother of the alleged victim, admitted through her counsel that the allegations were false and had been made under political pressure.
The High Court, responded by granting bail to the accused and issuing a suo motu rule. This rule required the complainant and the alleged victim to explain why legal proceedings should not be initiated against them for making a false complaint. In her response, the complainant admitted to making false allegations, citing political pressure and poverty as her reasons. She claimed that local political leaders had coerced her into making the false complaint, promising government benefits in return.
The Court recognised the complainant’s financial struggles but firmly stated that such circumstances could not justify implicating innocent individuals in false cases. In its ruling, the court directed the Judge of the Special POCSO Court in Berhampore, Murshidabad, to conduct a discreet inquiry into the allegations of a false complaint.
Furthermore, the Court ordered that if evidence of false testimony is found, a complaint should be filed to initiate criminal proceedings against the complainant and potentially her daughter. It also emphasised the necessity of determining the actual age of the alleged victim at the time of the complaint, as this information would be critical in assessing whether the provisions of the POCSO Act apply in this case.
[Case: Court on Its Own Motion Vs. XXXX (Victim Girl) & Anr, Citation: CRR 2431 of 2024.]
